§ 8.68.020. Definitions.

The following words and phrases, whenever used in this Chapter, shall be given the following definitions:

A.

"Adjacent water areas" shall mean fifty feet (50') seaward of the mean high tide line of the City beaches.

B.

"Bar" means an area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Bar shall also include a nightclub or cabaret where entertainment and/or dancing are provided in addition to the consumption of alcoholic beverages or food.

C.

"Beach bike path" shall mean that portion of the bike path located on the sand areas of the beach from the eastern edge of the Long Beach Shoreline Marina parking lot at approximately Alamitos Avenue easterly to the southeastern corner of the intersection of Ocean Boulevard at approximately Bayshore Avenue.

D.

"Beach launch ramps" shall mean the launch ramps located at the foot of Claremont Avenue and Granada Avenue.

E.

"Childcare facility" means any location or portion thereof where children other than those of the owner, operator or proprietor are cared for or supervised in exchange for anything of value.

F.

"Cigar" shall have the same definition as California Health and Safety Code § 104550, as currently defined or as may be amended.

G.

"Cigarette" shall have the same definition as California Health and Safety Code § 104556 as currently defined or as may be amended.

H.

"City facility" means any enclosed structure wherever owned or used by the City of Long Beach for its operations or activities.

I.

"City vehicle" means any vehicle owned and operated by the City for public purposes.

J.

"Eating establishment" means coffee shop, cafeteria, short order cafe, luncheonette, sandwich shop, soda fountain, restaurant, gaming club, bar, tavern, or any other establishment serving food.

K.

"Electronic cigarette" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

L.

"Employee" means any person who is employed by any employer for direct or indirect monetary wages or profit.

M.

"Employer" means any person who employs the services of any person other than himself or herself.

N.

"Enclosed" means closed in by a roof and four (4) walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies.

O.

"Motion picture theater" means any theater engaged in the business of exhibiting motion pictures.

P.

"Outdoor dining area" means an outdoor seating area of a publicly or privately owned eating establishment that is dedicated, designed, established or regularly used as a place for the consumption of food or drinks, and all non-enclosed areas within twenty feet (20') thereof.

Q.

"Playground", for purposes of California Health and Safety Code § 104495, is more specifically defined to mean twenty-five feet (25') from the edge of a sand area within a City park or recreational area specifically designed to be used by children and that has play equipment installed in it.

R.

"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, auditoriums, gymnasiums, waiting rooms, reception areas, educational facilities, health facilities, public transportation facilities, bowling alleys, bingo parlors, hair salons, laundromats, gaming clubs, bars, taverns, hotel and motel lobbies. A private residence is not a "public place", except that the enclosed common areas of apartment or condominium structures, if any, shall be considered "public places" for purposes of Section 8.68.060.

S.

"Service line" means an indoor line or area in which persons await service of any kind, regardless of whether or not such service involves the exchange of money. Such service shall include, but is not limited to, sales, providing information, directions, or advice and transfers of money or goods.

T.

"Smoke" or "Smoking" shall mean the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.

U.

"Smoking lounge" means any business establishment that is dedicated to the smoking of tobacco products, including, but not limited to, establishments known variously as cigar lounges, hookah lounges or tobacco clubs. For purposes of this Chapter, "smoking lounge" means private smokers' lounge as defined in Section 6404.5 of the California Labor Code.

V.

"Workplace" means any enclosed area of a structure or portion thereof occupied by any entity and frequented by employees during the normal course of their employment where clerical, professional, manufacturing, business services or other normal and customary activities of the entity are performed or where other work is done at that location. Workplace also includes, but is not limited to, spaces in office buildings, medical office waiting rooms, libraries, museums, gaming clubs, bars, taverns, employee lounges, employee breakrooms, conference rooms and employee cafeterias. Workplace does not include any of the following: a private home, except where such home is used as a "childcare facility" as defined in Subsection 8.68.020.E, and any "smoking lounge" as defined in Subsection 8.68.020.U that satisfies the conditions specified in Subsection 8.68.060.B.

( ORD-18-0032 § 1, 2018; ORD-14-0003 § 2, 2014)