A. "Administrative authority" means the city manager or his/her designee authorized by Section 8.20.130 and/or other provision of this chapter to enforce the provisions of this chapter.

B. "Bar" means a separate establishment, or a room in a restaurant physically separated by full walls from the rest of the restaurant, which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises, in which no person under the age of eighteen years is allowed to enter except to travel to restroom facilities or a non-bar portion of a restaurant and which is separately ventilated from any other area. The bar area must not be the sole waiting area nor the sole entrance to the restaurant for dining patrons. The term "bar" excludes the restaurant dining area.

C. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments that sell goods or services as well as professional corporations and other entities that deliver legal, medical, dental, engineering, architectural or other professional services.

D. "Child care facilities" means any family day care home regulated by Sections 1597.30 through 1597.621 of the California Health and Safety Code and any day care center for children regulated by Section 1596.90 et seq. of the California Health and Safety Code. It does not include a foster home or residential child care facility.

E. "Cigarette" means cigarettes as defined in Revenue and Taxation Code Section 30003, as it may be subsequently amended or superseded.

F. "City" means the city of Petaluma, county of Sonoma, state of California.

G. "City manager" means the city manager of the city of Petaluma.

H. "Common area" for purposes of this chapter means:

I. "Designated smoking area" means an area meeting the requirements of Section 8.20.090 in which smoking is permitted, as designated by an employer, landlord or other person with legal control of the premises.

J. "Dining area" means any area, including streets and sidewalks, that is available to or commonly used by the general public or an employee and which is designated, established or regularly used for the consumption of food or drink.

K. "Duplex" for purposes of this chapter means one structure on a single lot containing two dwelling units with a shared wall, each of which is functionally separate from the other.

L. "E-cigarette" or "electronic cigarette" means a battery operated device with a cartridge filled with nicotine, flavor and other chemicals and/or pharmaceuticals which emits aerosol or vapor.

M. "Employee" for the purposes of this chapter means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, any person who volunteers his or her services for a nonprofit entity and any unpaid interns, volunteers or other persons performing services for a business.

N. "Employer," for the purposes of this chapter, means any person, partnership or corporation, including a municipal corporation, or nonprofit entity that employs the services of one or more individual person and/or receives work or services from an "employee," as defined herein, whether paid or unpaid.

O. "Enclosed area" or "enclosed" means surrounded by a ceiling, floor, and solid walls which, except for doors, passageways, and/or windows, extend from floor to ceiling on all sides.

P. "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 tenant who sublets a unit so long as the tenant-sublessor sublets only a single unit of a multifamily residence.

Q. "Multifamily residence" for purposes of this chapter means residential property containing three or more units with one or more shared walls, floors or ceilings, including but not limited to rental complexes, apartments, residential cooperatives, condominium complexes, senior citizen residences, assisted living complexes and skilled nursing facilities. "Multifamily residence" does not include:

R. "New unit" means a multifamily unit that is issued a certificate of occupancy or final inspection on or after August 1, 2013, and also a unit that is leased or rented for the first time on or after August 1, 2013.

S. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, 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 public agency is not a nonprofit entity within the meaning of this section.

T. "Open space" means any lot or area of land or water essentially or partially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

U. "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

V. "Place of employment" means any enclosed area under the control of a public, nonprofit or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, vehicles, taxis, employee cafeterias or eating places, and hallways. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care or health care facility or unless it is used for a permitted home occupation having one or more employees or which is visited by members of the public twice a month or more.

W. "Public event" means an event which is open to and may be attended by the general public, including but not limited to such events as farmers’ markets, parades, craft fairs, festivals, concerts, performances or other exhibitions, regardless of any fee or age requirement.

X. "Public place" means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

Y. "Recreation area" means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreation area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields and courts, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, spas, roller- and ice-skating rinks, skateboard parks, amusement parks, sports arenas, and beaches.

Z. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined herein.

AA. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.

BB. "Separately ventilated" means equipped with a separate heating, ventilation and air conditioning (HVAC) system from the rest of a building and which has direct external exhaust. The separately ventilated area must also be slightly negatively pressurized to prevent intrusion of smoke into nonsmoking areas.

CC. "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 all bus stops and other facilities of the Petaluma Transit System.

DD. "Smoke" means the gases and particles released into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, including but not limited to tobacco smoke, cigarette smoke and aerosol or vapor released by the ignition of e-cigarettes. "Smoke" does not include the product of combustion of incense or similar products when used solely for olfactory purposes and not containing tobacco or nicotine.

EE. "Smoking" means engaging in an act that generates smoke, including but not limited to lighting or possession of a lighted pipe, cigar, cigarette, or hookah water pipe, an operating e-cigarette or a lighted smoke inhalation device of any kind that generates smoke of any kind, from tobacco or any other weed or plant.

FF. "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.

GG. "Tobacco products" means tobacco products as defined in Revenue and Taxation Code Section 30121(b), as it may be subsequently amended or superseded, including but not limited to all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of or containing at least fifty percent tobacco, but does not include cigarettes.

HH. "Tobacco promotional products" means baseball caps, T-shirts, gym bags, coffee mugs, sunglasses, jackets and other items which have tobacco and/or cigarette advertising logos, images, characters, messages and themes printed on them.

II. "Tobacco retailer" means any business, person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products and/or cigarettes are made to purchasers for consumption or use.

JJ. "Tobacco retail store" means a tobacco store as defined in Business and Professions Code Section 22962, as it may be subsequently amended or superseded.

KK. "Unenclosed area" means any area that is not an enclosed area, as defined in this section.

LL. "Unit" for the purpose of this chapter means a personal dwelling space, including those lacking cooking facilities or private plumbing facilities, and includes any associated exclusive 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; a mobilehome; a camper vehicle or tent; a single-family home; and an in-law or second unit.

MM. "Vendor-assisted" means a store where only an employee has access to the tobacco product, assists the customer by supplying the product, and the customer does not take possession of the product until it is purchased.