8.18.010 Definitions.
Pursuant to AS 18.35.399 the following definitions pertain to this chapter:
“Business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity.
“E-cigarette” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor. “E-cigarette” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 through 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulates smoking or exposes others to vapor or aerosol.
“Employee” means a person who is employed by a business for compensation or works for a business as a volunteer without compensation.
“Employer” means the state, a municipality, a regional educational attendance area, and a person or a business with one or more employees.
“Enclosed area” means space between a floor and a ceiling that is bounded on two or more sides by a combination of walls, doorways, windows, or other physical barriers that may be open, partially open, closed, retractable, temporary, or permanent.
“Freestanding” means a building that is not supported by another structure and does not share ventilation or internal air space with an adjoining structure and smoke from the building cannot travel into the adjoining structure.
“Health care facility” means an office or institution providing care or treatment for physical, mental, emotional, or other medical, dental, physiological, or psychological diseases or conditions; private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers’ Home or Alaska Veterans’ Home; long-term care facility; psychiatric hospital; residential psychiatric treatment center; and other facilities, places of employment, or offices operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, physicians, psychiatrists, or dentists or other professional health care providers to provide health care.
“Health care provider” has the meaning given in AS 09.65.300.
“Place of employment” means work areas, private offices, hotel and motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, vehicles, and other employee work areas that are under the control of an employer.
“Private club” means an organization, legal entity, or informal association of persons that:
A. Is the owner, lessee, or occupant of a building or portion of a building used exclusively for club purposes at all times;
B. Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose; and
C. Has been granted exemption from the payment of federal income tax as a club under 26 U.S.C. 501.
“Public place” includes:
A. An area to which the public is invited or into which the public is admitted;
B. A place where services, goods, or facilities are offered to the public.
“Retail tobacco or e-cigarette store”:
A. Means a store:
1. That primarily sells cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories;
2. In which the sale of other products is incidental; and
3. That derives at least 90 percent of its gross revenue from the sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories;
B. Does not include:
1. A tobacco or e-cigarette department or section of a business that does not meet the criteria in subsection (A) of this definition; or
2. A business that is also a restaurant or grocery store.
“Smoking” means using an e-cigarette or other oral smoking device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, pipe, tobacco, marijuana or other plant product intended for inhalation. (Ord. 20-01-554 § 7)