§ 6.02.020. Definitions.  


Latest version.
  • As used in this Chapter, the following terms shall have the meaning indicated:

    Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways or lobbies adjacent thereto.

    Bar means any indoor area that is operated and licensed under Article 3 of Title 44, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.

    Cigar-tobacco bar means a bar that generates at least five percent (5%) or more of its total annual gross income or fifty thousand dollars ($50,000.00) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines.

    Electronic smoking device means any electronic or battery-operated device that delivers a vapor of nicotine or other substances for inhalation. This term shall include every variation and type of such devices regardless of the product name or descriptor by which they are manufactured, distributed, marketed, or sold. The use of an electronic smoking device includes engaging in an act that causes gases, particles, or vapors to release into the air as a result of combustion, electrical ignition, or vaporization, where the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the gases, particles, or vapors.

    Employee means any person, regardless of whether such person is referred to as an employee, contractor, independent contractor or volunteer, or by any other designation or title, who:

    a.

    Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or

    b.

    Provides uncompensated work or services to a business or nonprofit entity.

    Employer means any person, partnership, association, corporation or nonprofit entity that employs one (1) or more persons. Employer includes, without limitation, the legislative, executive and judicial branches of State government; any county, city and county, city or town, or instrumentality thereof, or any other political subdivision of the State, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of State or local government.

    Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted under Section 6.02.040 below. Entryway also includes the area of public or private property within a fifteen-foot radius outside of the doorway.

    Environmental tobacco smoke , ETS or secondhand smoke means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "sidestream smoke," and smoke exhaled by the smoker, and includes smoke from burning marijuana as defined in this Section.

    Food service establishment means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafes.

    Indoor area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.

    Place of employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.

    Proprietor means the owner, operator or person in charge of any place regulated by this Chapter.

    Public building means any building owned or operated by:

    a.

    The State, including the legislative, executive and judicial branches of State government;

    b.

    The Town or an instrumentality thereof; or

    c.

    Any other separate corporate instrumentality or unit of State or local government.

    Public meeting means any meeting open to the public pursuant to Section 24-6-402, C.R.S., or any other law of this State.

    Smoke-free work area means an indoor area in a place of employment where smoking is prohibited.

    Smoking means the burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco or marijuana as defined by Subsection 8.08.030(a) of this Code.

    Tobacco means cigarettes, cigars, cheroots, stogies and periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff and snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking.

    Tobacco smoking means the burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco.

    Work area means an area in a place of employment where one (1) or more employees are routinely assigned and perform services for, or on behalf of, their employer.

(Ord. 5.28.23 §11, 2018; Ord. 5.75.1 §1, 2014; Ord. 5.75 §1, 2013)