The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:
“Business” means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes.
“City” means the City of Sebastopol, State of California.
“Dining area” means 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.
“Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
“Employer” means any person, business or nonprofit entity, including a municipal corporation that retains the service of one or more employees.
“Enclosed area” means:
1. Any covered or partially covered area having more than 50 percent of its perimeter walled or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or
2. Any space open to the sky (hereinafter “uncovered”) having more than 75 percent of its perimeter walled or otherwise closed to the outside such as, for example, a courtyard;
3. Except that an uncovered space of 3,000 square feet or more is not an enclosed area, such as, for example, a field in an open air arena.
“Multi-unit residence” means a building or portion thereof that contains two or more units, except the following specifically excluded types of housing:
1. A hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2);
2. A dormitory building;
3. A single-family home; and
4. A single-family home with an attached in-law or second unit when permitted pursuant to California Government Code Sections 65852.1, 65852.150 and 65852.2 or an ordinance of the City adopted pursuant to those sections.
“Multi-unit residence common area” means any 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 but not limited to halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, laundry facilities, picnic areas and other shared eating areas, playgrounds, swimming pools, gym facilities, parking garages, parking lots, and shared restrooms and shared cooking areas.
“Nonprofit entity” means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations 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 section.
“Person” means any natural individual, business, partnership, cooperative association, nonprofit entity, corporation, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
“Place of employment” means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation, including but not limited to construction sites, vehicles used in employment or for work purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health care facilities, and warehouses.
“Public place” means any area, publicly or privately owned, which is open to the general public regardless of any fee or age requirement, including but not limited to streets, sidewalks, plazas, and courtyards; bars, restaurants, and clubs; and taxis and buses.
“Reasonable distance” means a distance of 20 feet in any direction from an area in which smoking is prohibited.
“Recreational area” means any area, publicly or privately owned, which is open to the public for recreational purposes regardless of any fee or age requirement, including but not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, swimming pools, sporting facilities, stadiums, roller and ice skating rinks, skateboard parks, and amusement parks.
“Service line” means 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 make a transaction, whether or not such service or transaction involves the exchange of money. The term “service line” 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” means 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 resulting byproducts, 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 or the inhalation is of medical cannabis by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.5 et seq., as amended. The term “smoke” includes, but is not limited to, tobacco smoke and electronic tobacco based cigarette vapors.
“Smoking” means engaging in an act that generates smoke, such as 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, hookah pipe, cigar, or cigarette of any kind, except that the use of medical cannabis by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.5 et seq., as amended, shall not be considered “smoking” for the purposes of this section.
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, and any other item designed for the smoking, preparing, storing, or consuming of tobacco products.
“Tobacco product” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. “Tobacco product” also means any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Unenclosed area” means any area which is not an enclosed area.
“Unit” means 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 a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; 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 single-family home; and an in-law or second unit.