§ 37-3. Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

(a)

"Bar" means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental.

(b)

"Business" means any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity formed for profit-making or non-profit purposes.

(c)

"Camping park" means any "recreational area", public or private, where overnight stays are permitted and customary.

(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 but not limited to, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages and lots, and shared restrooms, laundry rooms, cooking areas and eating areas.

(e)

"Dining 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.

(f)

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah or any other product name or descriptor.

(g)

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

(h)

"Electronic smoking device retail shop" means any "business" that derives more than seventy-five percent of their gross revenue from the sale or exchange of "electronic smoking devices" or "electronic smoking device paraphernalia".

(i)

"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".

(j)

"Employer" means any "business" or nonprofit entity that retains the service of one or more "employees".

(k)

"Enclosed area" means an area in which outside air cannot circulate freely to all parts, and includes an area that has:

(1)

Any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height whether or not those boundaries include vents or other openings; or

(2)

Four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceeds six feet in height whether or not those boundaries include vents or other openings.

(l)

"Multi-unit residence" means property containing two or more Units, except the following specifically excluded types of housing ^xxvii :

(1)

A hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2) or; and

(2)

A single-family home with a detached or attached second dwelling unit when permitted pursuant to California Government Code Sections 65852.150 and 65852.2 or an ordinance of the County of Santa Barbara adopted pursuant to those sections.

(m)

Nominal cost" means the cost of any item imposed for the transfer from one (1) "person" to another for less that the total of:

(1)

Twenty-five of the fair market value of the item exclusive of taxes and government fees; plus

(2)

All taxes and government fees previously paid and fees still due at the time of transfer.

(n)

"Non-sale distribution" means to give, or cause or allow to be given within the jurisdictional limits of the county a "tobacco product", "tobacco product paraphernalia", "electronic smoking device" or "electronic smoking device paraphernalia" at no cost or "nominal cost" to a "person".

(o)

"Person" means any natural person, "business", cooperative association, corporation, personal representative, receiver, trustee, assignee or any other legal entity except the County of Santa Barbara.

(p)

"Place of employment" means any area under the legal or de facto control of an "employer" that an "employee" or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation, and includes a private residence required to be licensed as family day care home under California law.

(q)

"Recreational area" means any outdoor area, owned, controlled or operated by the County of Santa Barbara 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; gardens; playgrounds; athletic or sports fields, arenas or venues; golf courses; walking or bike paths; hiking or horseback riding trails; swimming pools; skating rinks, skateboard and amusement parks; and beaches.

(r)

"Self-service display" means an open point of sale or promotional display of "tobacco products", "tobacco product paraphernalia", "electronic smoking devices" or "electronic smoking device paraphernalia" that the public has access to without the intervention of an "employee". A vending machine is a form of "self-service display".

(s)

"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 receive a service, wait to receive a service, or to make a transaction, of any kind, whether or not such service or transaction involves the exchange of money. The term "service area" includes but is not limited to areas including or adjacent to information kiosks, ATMs, ticket lines, bus stops or shelters, or cab stands.

(t)

"Smoking" means inhaling, exhaling, burning or carrying any lighted, heated or ignited "tobacco products", "tobacco product paraphernalia", "electronic smoking devices" or "electronic smoking device paraphernalia" or any plant intended for human inhalation.

(u)

"Tobacco paraphernalia" shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for smoking, preparation, storing or consumption of "tobacco products".

(v)

"Tobacco product" means:

(1)

Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, chewing tobacco, pipe or hookah tobacco, snuff or Snus;

(2)

Any "electronic smoking device" that delivers nicotine to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, pipe, or hookah, and;

(3)

Any component, part, or accessory of a "tobacco product" whether or not sold separately. "Tobacco product" does not include any cessation product approved by the United States Food and Drug Administration for use as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(w)

"Tobacco retail shop" means any "business" that derives more that seventy-five percent of their gross revenue from the sale or exchange of "Tobacco Products" and "tobacco product paraphernalia", excluding "electronic smoking devices" and "electronic smoking device paraphernalia".

(x)

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

(Ord. No. 4928, 7-21-2015)

^xxvii  ChangeLab Solutions, Smokefree Housing Ordinance: A Model California Ordinance Regulating Smoking in Multi-Unit Residences, December. 2012. http://changelabsolutions.org/publications/model-ord-smokefree-housing