As used in this part 2, unless the context otherwise
requires:
(1) Repealed.
(2) Auditorium means the part of a public building where an audience
gathers to attend a performance, and includes any corridors, hallways, or lobbies
adjacent thereto.
(3) Bar means any indoor area that is operated and licensed under article 3
of title 44, primarily for the sale and service of alcohol beverages for on-premises
consumption and where the service of food is secondary to the consumption of such
alcohol beverages.
(4) Cigar-tobacco bar means a bar that, in the calendar year ending
December 31, 2005, generated at least five percent or more of its total annual gross
income or fifty thousand dollars in annual sales from the on-site sale of tobacco
products and the rental of on-site humidors, not including any sales from vending
machines. In any calendar year after December 31, 2005, a bar that fails to generate
at least five percent of its total annual gross income or fifty thousand dollars in
annual sales from the on-site sale of tobacco products and the rental of on-site
humidors shall not be defined as a cigar-tobacco bar and shall not thereafter be
included in the definition regardless of sales figures.
(4.5) Electronic smoking device or ESD:
(a) Means any product, other than a product described in subsection (4.5)(c)
of this section, that contains or delivers nicotine or any other substance intended
for human consumption and that can be used by a person to enable the inhalation of
vapor or aerosol from the product;
(b) Includes any product described in subsection (4.5)(a) of this section and
any similar product or device, whether manufactured, distributed, marketed, or sold
as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product
name or descriptor; and
(c) Does not include:
(I) A humidifier or similar device that emits only water vapor; or
(II) An inhaler, nebulizer, or vaporizer that is approved by the federal food
and drug administration for the delivery of medication.
(5) (a) Employee means any person who:
(I) Performs any type of work for benefit of another in consideration of direct
or indirect wages or profit; or
(II) Provides uncompensated work or services to a business or nonprofit
entity.
(b) Employee includes every person described in paragraph (a) of this
subsection (5), regardless of whether such person is referred to as an employee,
contractor, independent contractor, or volunteer or by any other designation or title.
(6) Employer means any person, partnership, association, corporation, or
nonprofit entity that employs one or more persons. Employer includes, without
limitation, the legislative, executive, and judicial branches of state government; any
county, city and county, city, or town, or instrumentality thereof, or any other
political subdivision of the state, special district, authority, commission, or agency;
or any other separate corporate instrumentality or unit of state or local
government.
(7) Entryway means the outside of the front or main doorway leading into a
building or facility that is not exempted from this part 2 under section 25-14-205.
Entryway also includes the area of public or private property within a specified
radius outside of the doorway. The specified radius may be determined by the local
authority pursuant to section 25-14-207 (2)(a), but must be at least twenty-five feet
unless section 25-14-207 (2)(a)(II)(B) or (2)(a)(II)(C) applies. If the local authority has
not acted, the specified radius is twenty-five feet.
(8) Environmental tobacco smoke, ETS, or secondhand smoke means
the complex mixture formed from the escaping smoke of a burning tobacco
product, also known as sidestream smoke, and smoke exhaled by the smoker.
(9) Food service establishment means any indoor area or portion thereof in
which the principal business is the sale of food for on-premises consumption. The
term includes, without limitation, restaurants, cafeterias, coffee shops, diners,
sandwich shops, and short-order cafes.
(10) Indoor area means any enclosed area or portion thereof. The opening
of windows or doors, or the temporary removal of wall panels, does not convert an
indoor area into an outdoor area.
(11) Local authority means a county, city and county, city, or town.
(11.5) Marijuana shall have the same meaning as in section 16 (2)(f) of
article XVIII of the state constitution.
(12) Place of employment means any indoor area or portion thereof under
the control of an employer in which employees of the employer perform services
for, or on behalf of, the employer.
(13) Public building means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of
state government;
(b) Any county, city and county, city, or town, or instrumentality thereof, or
any other political subdivision of the state, a special district, an authority, a
commission, or an agency; or
(c) Any other separate corporate instrumentality or unit of state or local
government.
(14) Public meeting means any meeting open to the public pursuant to part
4 of article 6 of title 24, C.R.S., or any other law of this state.
(15) Smoke-free work area means an indoor area in a place of employment
where smoking is prohibited under this part 2.
(16) Smoking means inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, or pipe or any other lighted or heated tobacco or plant
product intended for inhalation, including marijuana, whether natural or synthetic,
in any manner or in any form. Smoking also includes the use of an ESD.
(17) Tobacco means cigarettes, cigars, cheroots, stogies, and periques;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff
and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing
tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and
other kinds and forms of tobacco, prepared in such manner as to be suitable for
chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco also includes cloves and any other plant matter or product that
is packaged for smoking.
(18) Tobacco business means a sole proprietorship, corporation,
partnership, or other enterprise engaged primarily in the sale, manufacture, or
promotion of tobacco, tobacco products, or smoking devices or accessories,
including ESDs, either at wholesale or retail, and in which the sale, manufacture, or
promotion of other products is merely incidental.
(19) Work area means an area in a place of employment where one or more
employees are routinely assigned and perform services for or on behalf of their
employer.