Guam § 90103 - Definitions.

§ 90103. Definitions.

The following words and phrases, when used in this Chapter, shall

be construed as follows:

(a) Bar, as defined for this Chapter, means an establishment

or area devoted to the serving of alcoholic beverages for

consumption by guests on the premises in which the serving of food

is only incidental to the consumption of such beverages, and where

the sale of alcoholic beverages exceeds fifty percent (50%) of the

establishment’s gross revenues. The term bar applies to an area

within a restaurant establishment when:

(1) the serving of alcoholic beverages is located within a

physically enclosed area apart from the dining area; or

(2) the serving of alcoholic beverages is located at an

open and well-ventilated area apart from the dining area; or

(3) the serving of alcoholic beverages exceeds fifty

percent (50%) of the establishment’s gross revenue between

the hours of 10:00 p.m. and 4:00 a.m. during those hours.

(b) Business means any sole proprietorship, partnership,

corporation or other business entity formed for profit-making

purposes, including retail establishments, as well as professional

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corporations and other entities where legal, medical, or other

professional services are delivered.

(c) Dining area means any enclosed area containing a counter

or tables upon which meals are served.

(d) Electronic smoking device means any electronic product

that can be used to aerosolize and/or 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.

(e) Employee means any person who is employed by an

employer in consideration of direct or indirect monetary wages or

profit.

(f) Employer means any business, including the government

of Guam and any of its autonomous agencies, which employs the

services of one (1) or more persons.

(g) Enclosed area or the term enclosed, when used relative to

a structure or building, means all space between a floor and ceiling

which is completely enclosed on all sides by solid walls or windows

(exclusive of doors and passageways) having an air circulation

system completely separate from the dining area.

(h) Open area means an outdoor area or all space between a

floor and ceiling which is enclosed by no more than sixty percent

(60%) on all sides by solid walls or windows.

(i) Place of employment means any enclosed area under the

control of an employer which employees normally frequent during

the course of employment, including, but not limited to, work areas,

employee lounges and restrooms, conference rooms, and hallways.

A private residence is not a “place of employment” unless it is used

as a childcare or health care facility.

(j) Public place means any enclosed area to which the public

is invited or in which the public is permitted, including, but not

limited to, banks, health care facilities, public transportation

facilities, reception areas, restaurants, retail food production and

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marketing establishments, retail stores, theaters, and waiting rooms.

A private residence is not a “public place.”

(k) Restaurant, as defined for this Chapter, means any retail

eating establishment other than a bar where food is served or

provided for onsite consumption by seated patrons that is regulated

by the Department of Public Health and Social Services, including

any private food establishment or club where food is served or

provided for on-site consumption by seated patrons in which only

members or their guests are permitted. If a restaurant includes an

area devoted to the serving of alcoholic beverages that is not

enclosed or is not located within a well-ventilated open area apart

from the dining area, that area shall be deemed part of the

“restaurant,” not a separate “bar,” as used in this Chapter.

(l) Retail tobacco store means a retail store utilized primarily

for the sale of tobacco products and accessories, and in which the

sale of other products is merely incidental.

(m) Service line means any indoor line at which one (1) or

more persons are waiting for or receiving services of any kind.

(n) Smoke ventilation device means devices that are inspected

and regulated by the Guam Environmental Protection Agency and

approved by the Department of Public Health and Social Services

(DPHSS) pursuant to 10 GCA § 21101 and § 21102, in accordance

with the standards of the American Society of Heating,

Refrigeration and Air Conditioning Engineers, which adequately

improves air quality within enclosed areas where smoking occurs

consisting of:

(1) an approved mechanical device that aspirates air

contaminated by smoking within an enclosed area to an

external open area; or

(2) an approved aeration device that filters, mechanically

or ionically, air contaminated by smoking within an enclosed

area improving air quality standards.

(o) Smoking means inhaling, exhaling, or burning 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.

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(p) Sports arena means the enclosed area of any sports

pavilions, gymnasiums, health spas, swimming pools, roller and ice

rinks, bowling alleys, and other similar places where members of

the general public assemble either to engage in physical exercise,

participate in athletic competition, or witness sports events.

(q) 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.