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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT) REV: 04-21-26 VR Page 7 of 13 NEW UNIT: A unit that is issued a certificate of occupancy after January 1, 2018. NONPROFIT ENTITY: Any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this Section. PACKAGING: A pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer. PHARMACY: Any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. PLACE OF EMPLOYMENT: Shall have the same definition as in California Labor Code Section 6404.5, as may be amended. As of the effective date of the ordinance from which this Section is derived, "PLACE OF EMPLOYMENT" as defined by California Labor Code section 6404.5 does not include: A. Retail or wholesale tobacco shops and private smokers' lounge, as defined by the California Labor Code; B. Cabs of motortrucks, or tractor trucks as defined by the Vehicle Code, if nonsmoking employees are not present; C. Theatrical production sites, if smoking is an integral part of the story in the theatrical production; D. Medical research or treatment sites, if smoking is integral to the research and treatment being conducted; E. Private residences except for private residences licensed as family date care homes where smoking is prohibited under California Health and Safety Code; and F. Patient smoking areas in long-term health care facilities, as defined in the California Health and Safety Code. PUBLIC PLACE: Any enclosed areaspace to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. RESTAURANT: Any coffeeshop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boarding house or guesthouse which gives or offers food for sale to the public, guests, patrons or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined above.