§ 97.01 DEFINITIONS.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section, unless the context clearly requires otherwise:

BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profitmaking purposes.

COMMON AREA. Every enclosed area or unenclosed area of a multi-unit residence that residents of more than one Unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

DESIGNATED SMOKING AREA. A designated area on-site at an eligible cannabis retail facility, where customers may smoke cannabis and cannabis products.

DESIGNATED SMOKING ROOM. A designated room within an eligible cannabis retail facility, where customers may smoke cannabis and cannabis products.

DINING AREA. Any area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or drink.

ELIGIBLE BAR. A business operating lawfully that maintains an area on the business’s property compliant with Cal. Labor Code § 6404.5 (prohibiting smoking in places of employment) for customers in which smoking is not prohibited by the business; and possesses a license to serve alcoholic beverages from the California Department of Alcoholic Beverage Control that prohibits individuals under the age of 21 years from entering and remaining, such as, for example, license type 48.

ELIGIBLE CANNABIS RETAIL FACILITY. An on-site retail facility as defined in Chapter 158.

EMPLOYEE. Any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.

EMPLOYER. Any business or nonprofit entity that retains the service of one or more employees.

ENCLOSED AREA. An area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:

(1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical boundaries of any height, whether or not those boundaries include vents or other openings; or

(2) Four walls or other vertical boundaries that exceed six feet in height, whether or not those boundaries include vents or other openings.

LANDLORD. Any person who owns property let for residential use, any person who lets residential property, and any person who manages such property, except that LANDLORD does not include a master tenant who sublets a unit as long as the master tenant sublets only a single unit of a multi-unit residence.

MULTI-UNIT RESIDENCE. Property containing two or more units, except the following specifically excluded types of

housing:

• (1) A hotel or motel that meets the requirements set forth in Cal. Civil Code § 1940(b)(2);

• (2) A mobile home park;

• (3) A campground;

• (4) A single-family home;

(5) A single-family home with a detached or attached in-law or second unit when permitted pursuant to Cal. Gov’t Code §§ 65852.1, 65852.150, 65852.2 or an ordinance of the city adopted pursuant to those sections.

NONPROFIT ENTITY. Any entity that meets the requirements of Cal. Corporations Code § 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a nonprofit entity within the meaning of this chapter.

NONSMOKING AREA. Any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited by: (1) this chapter or other law; (2) by binding agreement relating to the ownership, occupancy, or use of real property; or (3) by designation of a person with legal control over the area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person to engage in smoking or to allow smoking in that area unless: (1) the person knows that smoking is not permitted; or (2) a reasonable person would know that smoking is not permitted.

PERSON. Any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.

PLACE OF EMPLOYMENT. Any area under the legal or de facto control of an employer, that an employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, hookah bars, retail tobacco shops, and private residences that are used as child care or health care facilities subject to licensing requirements. PUBLIC PLACE. Any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

REASONABLE DISTANCE. A distance of 30 feet in any direction from an area in which smoking is prohibited. RECREATIONAL AREA. Any area that is owned or operated by the city and open to the general public for recreational purposes, regardless of any fee or age requirement. The term RECREATIONAL AREA includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks.

y the city and open to the general public for recreational purposes, regardless of any fee or age requirement. The term RECREATIONAL AREA includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks.

SERVICE AREA. Any publicly or privately-owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term SERVICE AREA includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.

SMOKE. The gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the by-products, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term SMOKE includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke, and crack cocaine smoke.

SMOKING. Engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

UNENCLOSED AREA. Any area that is not an enclosed area.

UNIT. A personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. UNIT includes but is not limited to an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. (Ord. 753-C.S., passed 7-20-10; Am. Ord. 760-C.S., passed 12-7-10; Am. Ord. 884-C.S., passed 4-16-19)