Unless otherwise provided in this section, the definitions set forth in EMC Title 17, Division II (District Regulations) apply. The following words shall have the meanings set forth below when used in this section:
"Day care center"
means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as well as child care centers pursuant to Section 1596.951 of the California Health and Safety Code. This definition shall have the same meaning as set forth in Section 1596.76 of the California Health and Safety Code, as the same may be amended from time to time.
"Drug paraphernalia"
means and includes any of the items possession of which is prohibited by Section 11364 of the State of California Health and Safety Code, or any instrument used, designed for use, or intended for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil or cocaine.
"Minor(s)"
means any person under the age of 21, in accordance with Business and Professions Code Sections 22950 through 22963 and United States Code Section 387f(d).
"School"
means those sites upon which full-time instruction in any of the grades K through 12 is provided where the primary purpose is education. "School" includes public schools, private schools, and charter schools, but does not include any private site upon which education is primarily conducted in private homes.
"Sensitive use"
means a school, day care center, youth center as defined in this chapter, church or religious institution, library, community center, recreational facility, park, hospital or other similar use where minors are typically gathered or located.
"Tobacco paraphernalia"
means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, e-cigarettes, electronic smoking devices, electronic cigarette cartridges, electronic smoking device cartridges and related products, and any other item designed or used for the smoking or ingestion of tobacco products.
"Tobacco product"
means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, e-cigarette or electronic smoking device, or any other form of tobacco or product containing at least 50 percent tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., skin patches, lozenges, gum and prescription medications), or for other therapeutic purposes where that product is marketed and sold solely for such approved use.
"Tobacco retail use"
means any business or person who sells, offers for sale, exchanges, or offers to exchange any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange and dedicates more than 10 percent of their total retailing square footage to tobacco, tobacco products or tobacco paraphernalia.
"Youth center"
means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to accept services, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or in city, county, or state parks. This definition shall not include any private gym, martial arts, yoga, ballet, music, art studio or similar studio of this nature, nor shall it include any athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
(Ord. 593 § 6 (Exh. A), 2023)