CO Code § 25-14-203 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 14 - Control of Smoking|Part 2 - Colorado Clean Indoor Air Act|§ 25-14-203. Definitions

 As used in this part 2, unless the context otherwise requires:    Repealed.    “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.    “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.    “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”:   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;    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    Does not include:   A humidifier or similar device that emits only water vapor; or    An inhaler, nebulizer, or vaporizer that is approved by the federal food and drug administration for the delivery of medication.            “Employee” means any person who:   Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or    Provides uncompensated work or services to a business or nonprofit entity.          “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.       “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.    “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 (II)(B) or (2)(a)(II)(C) applies. If the local authority has not acted, the specified radius is twenty-five feet.    “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.    “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.    “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.    “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.    “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.    “Public building” means any building owned or operated by:   The state, including 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, a special district, an authority, a commission, or an agency; or    Any other separate corporate instrumentality or unit of state or local government.       “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.    “Smoke-free work area” means an indoor area in a place of employment where smoking is prohibited under this part 2.    “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.    “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.    “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.    “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.      History. Source: L. 2006: Entire part added, p. 54, § 1, effective July 1. L. 2010: (16) amended,(HB 10-1284), ch. 355, p. 1687, § 11, effective July 1. L. 2013: (11.5) added and (16) amended,(SB 13-283), ch. 332, p. 1895, § 13, effective May 28. L. 2018: (3) amended,(HB 18-1025), ch. 152, p. 1079, § 13, effective October 1. L. 2019: (1) repealed, (4.5) added, and (7), (16), and (18) amended,(HB 19-1076), ch. 337, p. 3093, § 2, effective July 1.    ANNOTATION   The small business exemption in § 25-14-205 (1)(h) is not unconstitutionally vague nor are the definitions in subsection (5)(a) and (5)(b) of this section. Coal. for Equal Rights v. Owens, 458 F. Supp. 2d 1251 (D. Colo. 2006 ), aff'd sub nom. Coal. for Equal Rights, Inc. v. Ritter, 517 F.3d 1195 (10th Cir. 2008).