2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1702. Definitions

§ 7–1702. Definitions.
For the purpose of this subchapter:
(1) “Bus stop” means a location that has been designated by a pole and appropriate signage as a place where passengers board a bus.
(1A) “Educational facility” means any enclosed indoor area used primarily as a library or for instruction of enrolled students, including day care centers, nursery schools, elementary schools, and secondary schools, except smoking lounges or specific smoking areas approved by the principal or president of the school, college, or university pursuant to guidelines established by the Board of Education, in the case of a public school, or by the trustees or other governing body, in the case of a college, university, or private educational institution. The term “educational facility” shall include all enclosed indoor areas supportive of instruction, including, but not limited to, classrooms, cafeterias, study areas and libraries, but excluding faculty lounges and specific areas approved by the principal of a given school pursuant to guidelines established by the Superintendent of Schools or the head of such private institutions.
(1B) "Event site for organized sporting events" means the entire physical area of a site that is designed for hosting organized sporting events, such as a stadium or arena, and includes all open, semi-open, and enclosed spaces and structures within the site, such as playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, recreational areas, press boxes, television and radio broadcasting booths, and stadium parking lots.
(2) “Health care facility” means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes or homes for the aged or chronically ill, but excluding private medical offices.
(3) “Mayor” means the Mayor of the District of Columbia or "his or her designated agent.
(3A) "Organized sporting events" means games or athletic competitions related to baseball, softball, football, basketball, ice hockey, field hockey, track and field, wrestling, boxing, lacrosse, or soccer, or any other event involving a game or athletic competition organized by a league or association of persons, including a professional, amateur, youth recreational, or school-sponsored league.
(4) “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applied.
(4A) “Playground” means a public or private facility intended primarily for recreation and not for residential use, with a portion of the facility that contains at least one separate apparatus intended for the recreation of children, including a sliding board, swing set, and teeterboard.
(4B) “Public recreational facility” means a park, dog park, trail, community facility, playground, swimming pool, spray park, neighborhood recreation center, or other similar facility that is owned or maintained by the District.
(5) “Restaurant” means a restaurant as defined in § 25-101(43), and any other establishments licensed by the District of Columbia in the business of preparing or serving food to the public. The term “restaurant” shall include coffee shops, cafeterias, luncheonettes, eateries, and soda fountains. The term “restaurant” shall not include sidewalks, terraces, or space used by restaurants to provide outdoor facilities, nightclubs, or taverns.
(6) “Retail store” means any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise or food for consumption off the premises, and all activities, operations and services connected therewith or incidental thereto. The term “retail store” shall not include separate areas of a retail store which are used as a restaurant.
(7) "Smoking" or "to smoke" means the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.
(8) "Tobacco product" means any product that is made from or derived from tobacco 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 through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device, as that term is defined in § 7-741.01(1). The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. § 301
et seq.
).
(Sept. 28, 1979, D.C. Law 3-22, § 3, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(b), 35 DCR 1182; Dec. 13, 2013, D.C. Law 20-48, § 2(a), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194, § 2(b), 63 DCR 15012.)
Prior Codifications
1981 Ed., § 6-912.
Section References
This section is referenced in § 7-1703.
Effect of Amendments
The 2013 amendment by D.C. Law 20-48 redesignated (1) as (1A); added (1), (4A), and (4B); and rewrote (7).
Emergency Legislation
For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Editor's Notes
Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155, § 7007.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.