CC Ordinance 1810ORDINANCE NO: 1810
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL ADDING DEFINITIONS TO
SECTION 6.11.020 OF THE SMOKING POLLUTION CONTROL
ORDINANCE
The City Council of the City of Campbell does ordain as '
follows:
SECTION ONE: Section 6.11.020 of the Campbell
Municipal Code, Revised, is hereby amended by adding definitions
of the terms "business" and "lobby, waiting or reception area",
so that the section reads:
6.11.020 Definition. The following words and phrases,
whenever used in this chapter, shall be construed as defined in
this section:
(1) "Bar" means an area which is devoted to the
serving of alcoholic beverages for consumption by guests on the
premises and in which the serving of food is only incidental to
the consumption of such beverages. Although a restaurant may
contain a bar, the terms "bar" shall not include the restaurant
dining area.
(2) "Business" means a commercial or industrial
establishment, including, but not limited to, the common areas
of a building which leases space to one or more commercial or
industrial tenants.
(3) "Dining area" means any enclosed area containing a
counter or tables upon which meals are served.
(4) "Employee" means any person who is employed by any
employer in the consideration for direct or indirect monetary
wages or profit.
(5) "Employer" means any person who employs the
services of an individual person.
(6) "Enclosed" means closed in by a roof and four
walls with appropriate openings for ingress and egress.
(7) "Lobby, waiting or reception area" means an area
or anteroom of greater than sixty-four square feet designed
primarily for receiving or accommodating persons waiting to enter
an office or other room in a business establishment; provided
that no stairways, stairway landings, or hallways sharing common
air space with such anteroom or area shall be considered part of
the lobby, waiting or reception area.
(8) "Motion picture theater" means any theater engaged
in the business of exhibiting motion pictures.
(9) "Place of public assembly" means a room or chamber
in which a public entity conducts a public meeting.
(10) "Public place" means any enclosed area to which
the public is invited or in which the public is permitted,
including, but not limited to, banks, educational facilities,
health facilities, public transportation facilities, reception
areas, restaurants, retail stores, retail service establishments,
retail food establishments and waiting rooms. A private
residence is not a "public place".
(11) "Restaurant" means any coffee shop, cafeteria,
luncheonette, tavern, cocktail lounge, sandwich stand, soda
fountain, private and public school cafeteria or eating
establishment, and any other eating establishment, or
organization club, including veterans' club, boardinghouse, or
guesthouse which gives or offers for sale food to the public,
guests, patrons, or employees, as well as kitchens in which food
is prepared on the premises for serving elsewhere, including
catering functions, except that the term "restaurant" shall not
include a cocktail lounge or tavern if said cocktail lounge or
tavern is a "bar" as defined in subsection (1) of this section.
(12) "Service line" means any indoor line at which one
or more persons are waiting for or receiving service of any kind,
whether or not such service involves the exchange of money.
(13) "Smoking" means inhaling, exhaling, burning or
carrying any lighted cigar, cigarette, weed, plant or other
combustible substance in any manner or in any form.
(14) "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.
(15) "Workplace" means an enclosed area of a structure
or portion thereof which is utilized primarily for the conduct of
a business or other enterprise.
(A) A private residence is not a "workplace".
(B) The dining area of a restaurant is not a
"workplace." (Ord. 1678 sec. 1 (Exhibit A (part( ), 1988).
Enacted On this 4th day Of September
1990 by the following role call vote:
AYE S: Kotowski, Watson, Conant, Burr, Ashworth
NOES: None
ABSENT/ABSTAIN: None
APPROVED:
B Y :/2�
HN ASHWORTH, MAYOR
ATTAST:
BARBARA OLSASK--Y; CITY