The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

    “Bar” means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which any food served is incidental. “Bar” does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein.

    “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 corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

    “Business vehicle” means automobile, truck or van, owned, leased or otherwise controlled by an employer, which is available, by advance request, reservation or otherwise, for the use, in the course of employment, of any employee or employees.

    “Distribute” means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue, as part of an advertising plan or program.

    “Employee” means 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 for a nonprofit entity, and shall have the same meaning as the term “employee” as defined in Sections 3350 through 3352.94, inclusive, of the California Labor Code.

    “Employer” means every person or public service corporation which has any natural person in service, and shall have the same meaning as the term “employer” in Section 3300 and Section 3301 of the California Labor Code.

    “Enclosed area” means all space between a floor and 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 structures.

    “Gaming club” means any establishment where legal gambling, as defined in Section 19802(a) of the Business and Professions Code, is conducted, or bingo facility, as defined in Section 326.5 of the Penal Code, that restricts access to minors under eighteen (18) years of age.

    “Place of employment” means any enclosed area under the control of a public or private employer in which employees normally meet or work during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a child care or health care facility.

    “Public place” means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, laundromats, public transportation facilities, reception areas, indoor shopping malls, theaters and waiting rooms.

    “Reasonable distance” means a distance of at least fifteen (15) feet to insure that occupants of a building and those entering or exiting the building are not exposed to secondhand smoke created by smokers outside of the building. The determination of the health officer or appropriate designee shall be final in any disputes relating to reasonable distance beyond fifteen (15) feet for smoking outside of buildings regulated by this chapter.

    “Restaurant” means any indoor and outdoor coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in this section.

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

    “Sample” means a distribution to a member or members of the general public at no cost or at nominal cost for the purpose, in whole or in part, of promoting a tobacco product.

    “Seller” shall mean any natural person, company, corporation, firm, partnership, organization, or other legal entity, who sells, dispenses, distributes or issues tobacco products for commercial purposes.

    “Service line” means any 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 cigar, cigarette, weed, plant, or other combustible substance in any manner or in any form.

    “Sports arena” means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling centers and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

    “Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion or chewing of tobacco products.

    “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.

    “Vending machine” means any electronic or mechanical device or appliance, the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories. (Ord. 98-6 § 1 (part))