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As used in this chapter, unless the context otherwise requires:

AUDITORIUM: The part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto.

BAR: Any area that is operated and licensed under article 3 of title 44, Colorado Revised Statutes, 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. "Bar" includes, without limitation, any outdoor area operated as part of the licensed premises.

CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT: Has the same meaning as provided in section 4-5-4 of this Code.

CIGAR-TOBACCO BAR: A bar that, in the calendar year ending December 31, 2005, generated 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. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent (5%) 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 shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures.

ELECTRONIC SMOKING DEVICE: Has the same meaning as provided in section 4-5-4 of this Code.

EMPLOYEE: Any person 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.

"Employee" includes every person described above in this definition regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.

EMPLOYER: 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: The outside of a public doorway leading into a building or facility that is not exempted from this chapter under section 5-9-4 of this chapter. "Entryway" also includes the area of public or private property within a 10-foot radius outside of the doorway.

ENVIRONMENTAL TOBACCO AND MARIJUANA SMOKE: The complex mixture formed from the escaping smoke of burning tobacco or marijuana, and smoke exhaled by the smoker. "Environmental tobacco and marijuana smoke" also includes the escaping vapor or aerosol of an electronic smoking device, also known as "side stream smoke," and vapor or aerosol exhaled by the smoker.

FOOD SERVICE ESTABLISHMENT: Any 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. "Food service establishment" includes, without limitation, any outdoor area operated as part of the business.

GONDOLA: An aerial tramway carrier primarily used to convey persons and property to and from a "ski area" as defined in section 6-3B-18 of this Code.

INDOOR AREA: 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.

MARIJUANA: Has the same meaning as in section 16(2)(f) of article XVIII of the Colorado constitution.

PLACE OF EMPLOYMENT: 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.

PUBLIC BUILDING: Any building owned or operated by:

A. The state, including the legislative, executive, and judicial branches of state government;

B. Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency; or

C. Any other separate corporate instrumentality or unit of state or local government.

PUBLIC MEETING: Any meeting open to the public pursuant to part 4 of article 6 of title 24, Colorado Revised Statutes, or any other law of the state or the town.

RETAILER: Has the same meaning as provided in section 4-5-4 of this Code.

SMOKE FREE WORK AREA: An indoor area in a place of employment where smoking is prohibited under this chapter.

SMOKING:

A. The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana; or

B. The active use of an electronic smoking device.

TOBACCO BUSINESS: A sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, including ESDs, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.

WORK AREA: An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer. (Ord. 37, Series 2006; amd. Ord. 20, Series 2010; Ord. 40, Series 2013; Ord. 4, Series 2015; Ord. 25, Series 2018; Ord. 26, Series 2019; Ord. 11, Series 2022)