Davis Municipal Code Art. 34.01 General Provisions

The purpose of this chapter is to protect the public health and welfare by regulating smoking in public places and places of employment and to strike a reasonable balance between the desires of persons who smoke and the need of nonsmokers to breathe smoke-free air, to treat e-cigarettes in the same manner as conventional cigarettes and tobacco products, and to recognize that, where these conflict, the need to breathe smoke-free air shall have priority.

(Ord. 1682 § 2; Ord. 2437 § 1, 2014)

For the purposes of this chapter, the following words and phrases have the following meaning:

Bar

means an area in which the serving of food is only incidental to the consumption of alcoholic beverages. The term bar shall not include an adjacent restaurant dining area when meals are being served.

Business

means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities under which professional services are delivered.

Dining area

means any enclosed area containing a counter or tables upon which meals are served.

E-cigarette

means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen or under any other product name or descriptor.

Employee

means any person who is employed by any employer for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporary or contracted for from a third party; employee also means any person who serves as a volunteer for a business or nonprofit entity.

Employer

means any person, business, or nonprofit entity which employs the services of one or more persons, and includes the city.

Enclosed

means closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress.

Mall

means any enclosed public walkway or hall area which serves to connect retail or professional establishments.

Nonprofit entity

means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a nonprofit entity within the meaning of this chapter.

Parking garages

means a structure, whether or not enclosed and including unenclosed top levels, where members of the general public park their cars.

Place of employment

means any enclosed area under the control of an employer which employees normally frequent during the course of employment.

Private club

means a privately owned or operated facility used for social or recreational purposes where entry into, and use of, the facility is restricted to members and guests of members.

Public place

means any enclosed area to which the public is invited or in which the public is permitted.

Restaurant

means any eating establishment, organization, club, boardinghouse or guesthouse which gives or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions, except that the term restaurant shall not include bar.

Service line

means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

Smoking

means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, hookah, weed, plant, or other combustible substance in any manner or in any form. Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.

Sports arena

means an enclosed sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.

Work area or workplace

means any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.

(Ord. 1682 § 2; Ord. 1688 §§ 1, 2; Ord. 2437 § 2, 2014)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 1682 § 2)