§ 32-3. Definitions.

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, joint venture, corporation or other business entity.

"County" means the County of Sonoma, State of California.

"Designated smoking area" means a designated portion of an unenclosed area where smoking may be allowed. The smoking area must meet all of the following criteria:

(a)

Must be located at least twenty-five feet (25') in any direction from any operable doorway, window, vent or other opening into an enclosed area;

(b)

Must be located at least twenty-five feet (25') from unenclosed recreational areas that are primarily used by children;

(c)

Must be located at least twenty-five feet (25') from unenclosed areas that have improvements that facilitate physical activity including playgrounds, tennis courts, swimming pools, walking paths and sports fields;

(d)

Must be no more than five percent (5%) of the total unenclosed area for which it is designated; and

(e)

Must be clearly identified by conspicuous signs, and have ash receptacles, such as ash trays or ash cans, within the area for proper disposal of smoking waste.

"Dining area" means any area, including picnic areas and sidewalks, which is available to or customarily used by the general public or an employee, which is designed, designated or regularly used for consuming food or drink.

"Electronic smoking device" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for the use in the mitigation, treatment, or prevention of disease.

"Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item designed for the preparation, storing, charging, or use of electronic smoking devices.

"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit and any person who volunteers his or her services for an employer.

"Employer" means any person, partnership, business, corporation, including municipal corporation or nonprofit entity, who employs the services of one (1) or more employees, including owner-operated entities.

"Enclosed area" means all space between a floor and ceiling where the space is closed in on all sides by solid walls or windows that extend from the floor to the ceiling. An enclosed area may have openings for ingress and egress, such as doorways or passageways. An enclosed area includes all areas within that space, such as hallways and areas screened by partitions that do not extend to the ceiling or are not solid.

"Place of employment" means any area under the control of an employer that an employee or the public may have cause to enter in the normal course of operations, regardless of the hours of operation. Places of employment include, but are not limited to, indoor work areas, bars, restaurants, at least seventy-five percent (75%) of the guest rooms in any hotel and motel, vehicles used for business purposes, taxis, employee lounges and break rooms, conference and banquet rooms, bingo and gaming facilities, long-term health care facilities, warehouses, retail or wholesale tobacco shops, and private residences used as licensed child care or health care facilities when employees, children or patients are present during business hours. The places specified in subdivisions (d)(1)-(8), (12)-(14) of the Labor Code section 6404.5 are places of employment for purposes of this division and are regulated as specified in this chapter. The places specified in subdivision (d)(9)-(11) of the Labor Code are not places of employment for purposes of this chapter.

"Public event" means any event on public or private property open to the general public regardless of any fee or age requirement, including, but not limited to, fairs, festivals, parades, farmers markets and concerts. This does not prohibit the establishment of a designated smoking area as defined in this section.

"Reasonable distance" means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to smoke created by smokers outside the area. This distance shall be a minimum of twenty-five (25) feet.

"Recreational area" means any unenclosed area, owned or operated by the county, open to the general public for recreational purposes, including, but not limited to, parks, picnic areas, playgrounds, parking lots, sports athletic facilities, walking paths, gardens, hiking trails, campgrounds, bike paths, horseback riding trails, athletic fields, skateboard parks and beaches.

"Service area" means any area, enclosed or unenclosed, designed to be regularly used by one (1) or more persons to receive or wait to receive a service or make a transaction whether or not such service includes the exchange of money, including, for example, ATMS, bank teller windows, public telephones, ticket lines, bus stops and 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 consumption of the byproducts. The term "smoke" includes, but is not limited to, tobacco smoke and vapors from electronic smoking device paraphernalia. "Smoke" does not include the byproducts of any device or product that has been approved for therapeutic purposes by the U.S. Food and Drug Administration (FDA). "Smoking" means igniting, inhaling, exhaling, burning, vaping, operating, or carrying any lighted cigar, cigarette, pipe, hookah, electronic smoking devices or tobacco product.

"Tobacco product" includes any product or formulation of matter containing biologically active amounts of nicotine or synthetic 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, including but not limited to electronic smoking devices.

"Unenclosed area" means any area that is not an enclosed area.

(Ord. No. 6078, § I(a), 6-24-2014; Ord. No. 5953, § I, 10-4-2011.)