Definitions for the County's smoking rules

The following words and phrases, unless the context otherwise requires, are defined for use in this chapter: "Bar," for a July 1 to June 30 period, means a place that was devoted to the serving of alcoholic beverages for on-site consumption by patrons and where the service of food was only incidental to the consumption of such beverages during the previous July 1 to June 30 period, whether or not the place was open for business during that entire period. When the preceding sentence does not apply to a place because it was not open for business in the previous July 1 to June 30 period, the place may choose to be a "bar" from the date it first opens for business until the next June 30 if, during that time, the place is devoted to the serving of alcoholic beverages for on-site consumption by patrons and the service of food in the place is only incidental to the consumption of such beverages. The service of food is "incidental" if gross sales of food are less than one third of gross sales of alcoholic beverages. Notwithstanding the foregoing, a place is a "bar" only if it provides records necessary to establish gross sales of food and alcoholic beverages to the department of finance, which shall maintain a current, publicly available list of all "bars" in the County and which shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of this section. "Commercial building" means a building occupied by two or more commercial tenants. "Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. "Enclosed" or "partially enclosed" means closed in by a permanent or temporary covering, including but not limited to a roof, canvas, awning, canopy, or overhang. "Hotel" means the same as defined by section 19.04.040 . "International no-smoking symbol" means a symbol of at least three inches in diameter characterized by a lit cigarette within a red circle with a red slash line drawn through the cigarette. "Motor vehicle" means the same as defined in section 286-2, Hawaii Revised Statutes. "Multifamily dwelling" means "dwelling unit, multifamily" as defined by section 19.04.040 . "Restaurant" means any retail eating establishment, where food is served or provided for on-site consumption by seated patrons, that is authorized by the state department of health to operate as a food establishment, including any private food establishment or club in which only members or their guests are permitted, but excluding a "bar." If a restaurant includes an area devoted to the serving of alcoholic beverages, that area shall be deemed part of the "restaurant," not a separate "bar," for this chapter. An establishment that is a "restaurant" shall have that status for all hours of operation. "Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device. "Tobacco product" means any product made or derived from tobacco, that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. ( Ord. No. 4945 , § 3, 2018; Ord. No. 4807 § 2, 2018; Ord. No. 4247, § 2, 2016; Ord. 3078 § 3, 2002; Ord. 2642 § 2, 1998: Ord. 2629 § 1, 1997; Ord. 1961 § 1, 1990: Ord. 840 § 1 (part), 1976: prior code Ch. 22 (part))