“Bar” means a facility devoted primarily to serving alcoholic beverages pursuant to either a bar license or beer and wine bar license from the State Liquor Department and which does not qualify as a restaurant.

“Designated smoking area” means any area within an enclosed public place where smoking is specifically permitted; provided, however, that any designated smoking area shall not exceed in area and size the nonsmoking area and shall be so situated as to allow nonsmoking individuals reasonable opportunity to conduct normal activity in a smoke-free environment.

“Electronic smoking device” means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

“Employee” means any person who performs any service on a full-time, part-time or contracted basis whether or not the person is denominated an employee, independent contractor or otherwise and whether or not the person is compensated or is a volunteer.

“Employer” means a person, business, partnership, association, the State of Arizona and its political subdivisions, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one (1) or more individual persons.

“Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.

“Person” means an individual, partnership, corporation, limited liability company, entity, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.

“Physically separated” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas.

“Places of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one (1) person. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

“Public place” means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.

“Restaurant” means a facility which is regularly open for the primary purpose of serving food prepared for consumption, either on or off the premises, to customers for compensation. No facility shall be classified as a restaurant unless such facility receives at least forty percent (40%) of its gross revenues from serving food.

“Retailer” shall mean any person, firm or corporation engaged in the business of selling tobacco products, alternative nicotine products, or vapor products to any individual customer or consumer.

“Smoke medical marijuana” as defined in this chapter means the use of medical marijuana as authorized under the provisions of the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including smoking or any method of consumption other than smoking.

“Smoking” means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco, marijuana or medical marijuana, any other lighted tobacco product and any electronic smoking device designated for the purpose of inhaling and exhaling aerosol or vapor.

“Sports facilities” means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.

“Veteran and fraternal clubs” means a club as defined in A.R.S. § 4-101(7)(a), (7)(b) or (7)(c). [Ordinance #381, 2016; Resolution #1535, 2016; Ordinance #331, 2011; prior code § 10-2-2.]