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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT) REV: 04-21-26 VR Page 6 of 13 accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vape pen or other vaping device, an electronic hookah, or any other product name or descriptor. EMPLOYEE: Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. EMPLOYER: Any person, partnership, corporation or nonprofit entity, including a municipal corporation, who or which employs the services of one (1) or more persons. ENCLOSED AREASPACE: An area that has any type of overhead cover and at least three (3) walls or other physical boundaries of any height that prevent air from circulating freely to all parts of the area; or four (4) walls or other vertical boundaries that exceed six (6) feet in height, and includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. EXISTING UNIT: A unit that is not a new unit. FLAVORED TOBACCO PRODUCT: Any tobacco product that contains a constituent that impacts a characterizing flavor. HOOKAH: A tobacco pipe with one (1) or more long and flexible tubes, which draws smoke from tobacco products through water contained in a bowl. LABELING: Written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging. LANDLORD: Any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant, except that "landlord" does not include a tenant who sublets a unit (e.g., a sublessor). MULTI-UNIT RESIDENCE: Property containing two (2) or more units, including, but not limited to, duplexes, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. Multi-unit residence does not include the following: A. A hotel or motel that meets the requirements of California Civil Code Section 1940, subdivision (b)(2); B. A mobile home park; C. A campground; D. A marina or port; E. A single-family home, except if used as a child care or health care facility subject to licensing requirements; and F. A single-family home with a detached or attached in-law or second unit permitted pursuant to California Government Code Sections 65852.1, 65852.2 or Article 37 of the City's zoning ordinance except if the single-family home or in- law/second unit is used as a child care or health care facility subject to licensing requirements.