§ 8.78.040. Definitions.

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

A.

"Bar" means an area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

1.

Reserved.

2.

Reserved.

3.

Reserved.

B.

"Employer" means any person who employs the services of an individual person.

C.

"Employee" means any person who is employed by any employer for direct or indirect monetary wages or profit.

D.

"Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies.

E.

"Entertainment facilities" means poolhalls, bingo parlors, bowling alleys and similar establishments.

F.

"Motion picture theater" means any theater engaged in the business of exhibiting motion pictures.

G.

"Restaurant" or "eating establishment" means any coffee shop, cafeteria, luncheonette, soda fountain, fast food service, or other establishment where cooked or otherwise prepared food is sold to the public. It shall not include the on-site cafeteria or lunchroom that is part of a business.

H.

"Smoking" means the combustion of any cigar, cigarette, pipe, or any similar article, using any form of tobacco, cannabis, or other combustible substance in any form.

I.

"Workplace" means any enclosed area which is occupied by two or more employees of a commercial enterprise, nonprofit entity, or the city of Pasadena; or any office that shares an HVAC system with another office.

J.

"Vendor-assisted sale" means a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor has access to the tobacco product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

K.

"Tobacco product" means any manufactured substance made from the tobacco plant, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion.

L.

"Cigar lounge" means a private smokers' lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.

M.

"Tobacco shop" means a business establishment whose main purpose is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

N.

"Service waiting line" means a place, public or private, where people use or wait for services, enter a public place, or make a transaction, whether or not such service or transaction includes the exchange of money, including, but not limited to, bus stops, ATMs, bank teller windows, telephones, ticket lines, cab stands, information kiosks, and theater lines.

O.

"Shopping mall" means any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated or which includes shared parking facilities.

P.

"Reasonable distance" means a distance of at least 20 feet in any direction from an area in which smoking is prohibited.

Q.

"Cannabis" or "marijuana" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

(Ord. 6757 § 4, 1998; Ord. 6548 § 2 (part), 1993)

(Ord. No. 7156, §§ 1, 2, 10-27-2008; Ord. No. 7315, § 1, 11-13-2017)