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“Bar” means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A “bar” does not include areas in an eating establishment where alcoholic beverages may be served.

“Business” means any legal entity, whether for profit or not for profit, that provides goods or services, including, but not limited to, a sole proprietorship, partnership, limited liability company, corporation, trust, membership organization or similar entity.

“Eating establishment” means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared.

“Electronic cigarette” means any electronically actuated device which in operation causes the user to exhale smoke, vapor, or other substance other than those produced by unenhanced human exhalation. “Electronic cigarette” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term “electronic cigarette” does not include any asthma inhaler or other similar device that has been specifically approved by the United States Food and Drug Administration.

“Enclosed area” means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable.

“Health care facility” means a business, office or institution that provides medical or mental health treatment.

“Operator” means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment, business or bar.

“Smoking” means either: (1) the burning, inhaling or exhaling of a tobacco or inhaling or exhaling of other plant based material or carrying any lighted pipe, cigar, cigarette or other combustible substance that is intended to be inhaled in any manner or in any form; or (2) the use of any electronic cigarette.

(Ords. 1998-2003, 2192-2006, 2415-2009, 2780-2014)