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Tobacco Products and Smoking
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For the purposes of sections 6.230 to 6.240 of this code, the following words and phrases mean.

Bar. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.

Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.

Employee. Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity. This definition includes independent contractors.

Employer. Any person or entity who employs the services of one or more individuals.

Enclosed area. All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structure.

Place of employment. Any enclosed area under the control of a public or private employer which employees normally access during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

Public place. Any enclosed area to which the public is invited or in which the public is permitted including, but not limited to, banks, education facilities, health facilities, laundromats, public transportation, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.

Public transportation. Any motorized vehicle used to transport people which is held out for hire by the public or used by a public or private elementary or secondary school to transport students.

Restaurant. Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any other eating establishment that gives or offers food for sale to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

Retail tobacco store. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

Service line. Any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons is waiting for or receiving services of any kind, whether or not such services involves the exchange of money.

Smoking. Any inhaling, exhaling, burning, or carrying of any lighted pipe, cigar, cigarette, or other tobacco-like product or substance in any manner or in any form.

Sports facility. Any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley, or other enclosed places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Tobacco product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco that may be utilized for smoking, chewing, inhalation, or other means of ingestion.

(Section 6.225 added by Ordinance No. 18721, enacted November 12, 1980; amended by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; and Ordinance No. 20338, enacted March 4, 2005, effective April 3, 2005.)