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family housing buildings, and private residences that are used as child care or health care
<br />facilities subject to licensing requirements regardless of their hours of operation.
<br />(h) "Playground" means any park or recreational area designed in part to be used by
<br />children that has play or sports equipment installed or has been designated or landscaped for play
<br />or sports activities, or any similar facility located on public or private school grounds, or on City
<br />grounds.
<br />(i) "Public Place" means any place, public or private, open to the general public
<br />regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores,
<br />shopping malls, stadiums, parks, playgrounds, taxis, and buses.
<br />(j) "Reasonable Distance" means a distance that ensures that occupants of an area
<br />in which Smoking is prohibited are not exposed to secondhand smoke created by smokers
<br />outside the area. This distance shall be a minimum of twenty (20) feet.
<br />(k) "Recreational Area" means any area, public or private, open to the public for
<br />recreational purposes regardless of any fee requirement, including, for example, parks, gardens,
<br />sporting facilities, stadiums, and playgrounds.
<br />(1) "Service Area" means any area designed to be or regularly used by one or more
<br />persons to receive or wait to receive a service, enter a public place, or make a transaction
<br />whether or not such service includes the exchange of money including, for example, automated
<br />teller machines (ATMs), bank teller windows, telephones, ticket lines, bus stops, and cab stands.
<br />(m) "Significant Tobacco Retailer" means any tobacco retailer that derives seventy-
<br />five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products
<br />and tobacco paraphernalia.
<br />(n) "Smoking" means possessing a lighted pipe, lighted cigar, or lighted cigarette of
<br />any kind, or the lighting of a pipe, cigar, hookah, shisha, or cigarette of any kind, including, but
<br />not limited to, tobacco, or any other weed or plant.
<br />(o) "Tobacco Product" means any substance containing tobacco leaf, including but
<br />not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or
<br />any other preparation of tobacco.
<br />ARTICLE 2. PROHIBITION OF SMOKING IN PUBLIC PLACES, PLACES OF
<br />EMPLOYMENT, AND CERTAIN OTHER AREAS.
<br />4-12-200 PROHIBITION IN ENCLOSED PLACES. Smoking shall be prohibited in the
<br />following Enclosed places within the City of San Leandro except in places listed in Section 4-12-
<br />210, and except in such places in which Smoking is already prohibited by state or federal law in
<br />which case the state or federal law applies:
<br />(a) Public Places;
<br />(b) Places of Employment;
<br />(c) Enclosed areas adjacent to an Enclosed area in which Smoking is
<br />prohibited by any other section of this code, state law, or federal law and that have a
<br />common or shared air space such as, without limitation, openings, cracks, air ventilation
<br />systems, doorways, hallways, and stairways. Notwithstanding any other provision, the
<br />fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof
<br />that the areas share a common or shared air space;
<br />(e) Enclosed areas that have a common or shared ventilation, air conditioning
<br />or heating system with an Enclosed area in which Smoking is prohibited. Notwithstanding any
<br />ORDINANCE N0.2009-011 3
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