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SECTION L 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Code is repealed in its entirety, and replaced to read as follows: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 />"SMOKING 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 />4-12-105 DEFINITIONS. For the purposes of this Chapter the following definitions 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 or 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 />to enter in the normal course of operations, but regardless of the hours of operation, including,
<br />for example, indoor and outdoor work areas, construction sites, vehicles used in employment or
<br />for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and
<br />gaming facilities, long-term health facilities, warehouses, enclosed common areas of multi-
<br />ORDINANCE NO. 2009-011 2
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