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NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />SECTION I. AMENDMENT OF CODE. Chapter 4-12 of the San Leandro Municipal <br />Code is repealed in its entirety, and replaced to read as follows: <br />"SMOHING POLLUTION CONTROL <br />ARTICLE 1. GENERAL <br />4-12-100 PURPOSE AND INTENT. The intent of this Chapter is to provide for the <br />public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco <br />use around non-tobacco users; by protecting children from exposure to smoking and tobacco <br />while they play; by reducing the potential for children to associate smoking and tobacco with a <br />healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public <br />places. <br />~1-12-105 DEFINITIONS. For the purposes of this Chapter the following defmitions shall <br />govern unless the context clearly requires otherwise: <br />(a) "Business" means any sole proprietorship, partnership, joint venture, corporation, <br />association, or other entity formed for profit-making purposes ar that has an Employee, as <br />defined in this Section. <br />(b) "Dining Area" means any area available to or customarily used by the general <br />public, that is designed, established, or regularly used for consuming food or drink. <br />(c) "Employee" means any person who is employed; retained as an independent <br />contractor by any Employer, as defined in this Section; or any person who volunteers his or her <br />services for an Employer, association, nonprofit, or volunteer entity. <br />(d) "Employer" means any person, partnership, corporation, association, nonprofit or <br />other entity who employs or retains the service of one or more persons, or supervises volunteers. <br />(e) "Enclosed" means: <br />(1) Any covered or partially covered space having more than fifty percent <br />(50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a <br />covered porch with more than two walls; or <br />(2) Any space open to the sky (hereinafter "uncovered") having more than <br />seventy-five (75%) of its perimeter area walled in or otherwise closed to the outside such as, for <br />example, a courtyard; <br />(3) Except that an uncovered space of three thousand (3000) square feet or <br />more is not Enclosed, such as, for example, a field in an open-air arena. <br />(f) "Nonprofit Entity" means any entity that meets the requirements of California <br />Corporations Code Section 5003 as well as any corporation, unincorporated association or other <br />entity created for charitable, religious, philanthropic, educational, political, social or similar <br />purposes, the net proceeds of which are committed to the promotion of the objectives or purposes <br />of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning <br />of this Section. <br />(g) "Place of Employment" means any area under the legal or de facto control of an <br />Employer, Business or Nonprofit Entity that an Employee or the general public may have cause <br />2 <br />