A. “Bar” means an area that is devoted to the serving of alcoholic beverages for consumption by patrons on the Premises and in which the serving of food is incidental to the consumption of such beverages. Although a restaurant may contain a Bar, the term “Bar” shall not include the restaurant Dining Area.

B. “Business” means any sole proprietorship, joint venture, corporation, or other business entity formed for profit making purposes.

C. “City” shall mean the City of Belvedere.

D. “Common Area” means every 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, 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.

E. “Common Interest Complex” means a Multi-Unit Residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100, as may be amended from time to time.

F. “Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or Employees, and which is designed, established, or regularly used for consuming food or drink.

G. “Electronic Smoking Device” shall mean an electronic or battery operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, and electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

H. “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 a Non-Profit Entity.

I. “Employer” means any person, partnership, corporation, including a municipal corporation, or Non-Profit Entity, which employs the services of one or more individual persons or utilizes volunteers.

J. “Enclosed Area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by portions which do not extend to the ceiling or are not solid, such as “office landscaping” or similar structures.

K. “Landlord” means 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.

L. “Minor” shall mean any individual who is less than eighteen (18) years old.

M. “Multi-Unit Residence” means a property containing two (2) or more Units, including for example, Rental Complexes, Common Interest Complexes, senior citizen residences, and nursing homes. “Multi-Unit Residence” does not include the following specifically excluded types of housing:

N. “New Unit” means a Unit that is issued a final inspection after November 9, 2016, and also means a Unit that is let for residential use for the first time after November 9, 2016.

O. “Non-Profit Entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social, religious 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 public agency is not a “Non-Profit Entity” within the meaning of this Section.

P. “No Smoking Sign” means a sign containing the words “No smoking” or the international “No smoking” symbol (consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it).

Q. “Parking Lot” means any place, publicly or privately owned, which is open to the general public and used for the parking of motor vehicles.

R. “Person” shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

S. “Place of Employment” means any area under the legal or actual control of an Employer that an Employee or the general public may have cause to enter in the normal course of operation, regardless of the hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, Employee lounges and restrooms, conference and banquet rooms, Employee cafeterias, warehouses, long-term health care facilities, and lobbies and hallways. A private residence is not a Place of Employment unless it is used as a child care or health care facility.

T. “Premises” means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control.

U. “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

V. “Recreational Area” means any area, permanent or temporary (as in special events), that is publicly or privately owned 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 and arenas, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches.

W. “Rental Complex” means a Multi-Unit Residence for which fifty percent (50%) or more of Units are let by or on behalf of the same Landlord.

X. “Retail Tobacco Store” means a retail store utilized primarily for the sale of Tobacco Products, Tobacco Paraphernalia or Smoking products, and in which the sale of other products is merely incidental.

Y. “Service Area” 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 wait for or receive a service or make a transaction, whether or not such service or transaction involves 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, transit shelters, ferry terminals, mobile vendor lines, or cab stands.

Z. “Smoke” means the gases and particles released into the air by combustion, electrical ignition or vaporization, including from an Electronic Smoking Device, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the resulting gases, particles or vapor combustion products, such as, for example, tobacco smoke or marijuana smoke, except when the combusting material contains no tobacco, marijuana, or similar substance, and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense.

AA. “Smoking” means engaging in an act that generates Smoke, such as for example, but not limited to: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, an operating Electronic Smoking Device, a lighted cigarette of any kind or a lighted smoke inhalation device of any kind that generates Smoke, or the act of lighting or igniting a pipe, a hookah pipe, a cigar, a cigarette or Smoke inhalation device of any kind that generates Smoke.

AB. “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, Electronic Smoking Devices and/or any other item designed for the Smoking, preparation, storing, or consumption of tobacco, marijuana, or other similar products.

AC. “Tobacco Product” means:

AD. “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, Tobacco Paraphernalia, or Smoking products within City limits. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange.

AE. “Unenclosed Area” means any area that is not an Enclosed Area.

AF. “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, 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; or a mobile home. (Ord. 2016-6 § 3, 2016.)