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City of San Mateo Municipal Code.


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

(a) "Dining area" means any indoor or outdoor area which is available to, or customarily used by, the general public and which is designed, established or regularly used for consuming food or drink.

(b) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

(c) "Employer" means any person, partnership, corporation, or non-profit entity, including a municipal corporation, who employs the services of one or more persons.

(d) "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress, egress, and windows.

(e) "Multi-unit residence" means residential property containing two or more units, with one or more shared wall, floor, ceiling, roof, or ventilation system, including apartments, condominiums, duplexes or townhomes and their patios and balconies. A multi-unit residence does not include:

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

(2) A residential care facility or assisted living facility governed by federal or state community care licensing regulations;

(3) A detached single-family residence.

(f) "Multi-unit residence common area" means any indoor or outdoor common area of a multi-unit residence accessible to and usable by residents of different units, including halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, shared patios, shared balconies, shared restrooms, elevators and stairwells, swimming pools, carports, garages and parking areas.

(g) "Non-profit entity" means any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "non-profit entity" within the meaning of this section.

(h) "Public place" means any enclosed or unenclosed area to which the public is invited or in which the public is permitted, including banks, bars, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, streets and sidewalks, theaters, and waiting rooms.

(i) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories.

(j) "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 receive a service, wait to receive a service or to make a transaction, whether or not such a service or transaction includes the exchange of money. The term "service area" includes, but is not limited to, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops, train stations, mobile vendor lines or taxi stands.

(k) "Smoking" means possessing a lighted or ignited tobacco, nicotine or marijuana product or paraphernalia; or engaging in an act that generates smoke (including, but not limited to, possessing a lighted or ignited pipe, hookah pipe, cigar, electronic cigarette or cigarette of any kind); or lighting or igniting a pipe, hookah pipe, cigar, electronic cigarette or a cigarette of any kind. Smoking includes the use of any product which emits smoke in the form of gases, particles, vapors or other byproducts released by electronic cigarettes, tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other implement for the purpose of inhalation of vapors, gases, particles or their byproducts released as a result of combustion or ignition.

(l) "Tobacco product" means any substance containing tobacco leaf, including cigarettes, cigars, loose tobacco, snuff or any other preparation of tobacco which may be used for smoking, chewing, inhalation or other means of ingestion; and any electronic cigarette or other electronic device used to generate smoke; and any product or formulation or matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for the use in treating nicotine or tobacco dependence.