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

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

“City” shall mean the City of Larkspur.

“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 and 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.

“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 Civil Code Section 1351.

“Dining area” means any 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.

“Employee” means any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.

“Employer” means any business, the City, or a nonprofit entity that retains the services of one or more employees.

“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors 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.

“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.

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

“Multi-unit residence” means property containing two (2) or more units with a shared wall, 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:

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

2. A mobile home park;

3. A campground;

4. A marina or port;

5. A single-family home; and

6. A single-family home with a detached or attached in-law or second unit when permitted pursuant to Government Code Sections 65852.1, 65852.150, 65852.2 or Larkspur Municipal Code Chapter 18.23.

“New unit” means a unit that is issued a certificate of occupancy more than one hundred eighty (180) days after May 20, 2011, and also means a unit that is let for residential use for the first time more than one hundred eighty (180) days after May 20, 2011.

“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.

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

“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 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.

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

“Reasonable distance” means a distance of twenty (20) feet in any direction from an area in which smoking is prohibited.

“Recreational 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 “recreational area” includes but is not limited to parks, picnic areas, playgrounds, sports fields, 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.

“Rental complex” means a multi-unit residence for which fifty (50) percent or more of units are let by or on behalf of the same landlord.

“Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

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

“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, mobile vendor lines or cab stands.

“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, such as, for example, tobacco smoke and marijuana smoke, except when the combusting material contains no tobacco and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense.

“Smoking” means engaging in an act that generates smoke, such as, for example: possessing a lighted cigar, a lighted cigarette of any kind, a lighted pipe, or a lighted hookah pipe; or lighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

“Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.

“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco or tobacco products. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products.

“Tobacco vending machine” means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.

“Unenclosed area” means any area that is not an enclosed area.

“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; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. (Ord. 1030 § 2(5), 2018; Ord. 978 § 1, 2011)