Definition: "Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other

lighted or heated tobacco intended for inhalation, in any manner or in any form. Definition: “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. New Exemption: Private clubs as defined by this ordinance that have no employees present on the premises of the club and when not being used for a function to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this ordinance. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this ordinance. Definition: “Retail Tobacco Store” means a retail store utilized primarily for the sale of tobacco products and accessories and where more than seventy percent (70%) of the quarterly gross revenue is generated from the sale of tobacco and tobacco-related products and in which the sale of other products is incidental. Does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or a bar or retail store used primarily for the sale of smoking materials. New Exemption: Retail tobacco stores as defined by this ordinance and provided that smoke does not infiltrate into areas where smoking is otherwise prohibited. To qualify for this exemption, a retail tobacco store must satisfactorily report on a quarterly basis to the [City] on a form prescribed by the [City], the revenue generated from the sale of tobacco as a percentage of quarterly gross revenue. This exemption shall not apply to any business that is established for the purpose of avoiding compliance with this ordinance.

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