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The following words and phrases whenever used in this chapter shall be construed as defined in this section:

A. “Cigar bar” has the meaning provided in ORS 433.835(1).

B. “Downtown” means the area within the boundary lines depicted in Exhibit A to AMC 10.120.010.B.1 plus the area within the outer perimeter of the public right-of-way of any streets and sidewalks adjoining and parallel to those boundary lines. To include the Pioneer Hall and Community Center tax lots on Winburn Way between Granite Street and the Plaza in AMC 9.30.020.A.

C. “Enclosed area” means all space between a floor and a ceiling that is enclosed on two or more sides by permanent or temporary walls or windows, exclusive of doors, passageways or gaps. If no ceiling is present, “enclosed area” means all space that is included by three or more sides by permanent or temporary walls or windows, exclusive of doors, passageways or gaps.

D. “Inhalant” means nicotine, a cannabinoid or any other substance that is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system by inhalation and is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose.

E. “Inhalant delivery system” means a device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.

F. “Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including but not limited to work areas, employee lounges, vehicles that are operated in the course of an employer’s business that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways. “Place of employment” includes privately owned enclosed areas where volunteers perform work typically done by employees. “Place of employment” does not include a private residence unless it is used as a child care facility as defined in ORS or a facility providing adult day care as defined in ORS 410.490.

G. “Plaza” means the area bounded by and including East Main Street, North Main Street, and Winburn Way.

H. “Smoke shop” means a business that is certified with the authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

I. “Smoking instrument” means any cigar, cigarette, pipe or other instrument or inhalant delivery system used to smoke tobacco, marijuana or any other inhalant. (Ord. 3146 § 1, amended, 11/07/2017; Ord. 3140, amended, 04/18/2017; Ord. 3127, amended, 2016)