- Description
-
regulate smoking in parks, city-owned or controlled outdoor public spaces and business premises: NOTE: THIS GRANDFATHERED THE BUSINESSES WITH 'SMOKING IN PREMISES' LICENCES i.e., existing hookah lounges which if ownership or biz location changes, the permit to smoke ceases
PART 2: DEFINITIONS
2.1 In this Bylaw, unless the context otherwise requires,
"assembly use" means a use that involves the assembly or gathering of persons
for religious, charitable, philanthropic, cultural, recreational, or
private educational purposes, and includes churches,
auditoriums, meeting rooms, social halls, child care, youth
centres, and group camps; ·
"bicycle lane" means that portion of a street that is designated for use by
persons on bicycles;
"boulevard" has the meaning set out in the Street and Traffic Bylaw;
"burn" means to produce smoke, vapour or other substances that can
be inhaled;
"business licence" has the meaning set out in the Burnaby Business Licence
Bylaw 2017, as amended or replaced from time to time;
"business has the meaning set out in Burnaby Business Licence Bylaw
premises" 2017, as amended or replaced from time to time
"commercial use" means a use that involves:
(a) the sale, rental, or repair of goods to the general public;
or
(b) the provision of services to a person, business or
h~usehold,
BylawNo. 14360
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and includes retail stores and grocery stores; personal, business
and household service offices and establishments; banks and
other financial services; cafes, restaurants and liquor primary
establishments; personal health care offices; and commercial
recreation;
"crosswalk" has the meaning set out in the Street and Traffic Bylaw;
"customer service means a partially enclosed or unenclosed area, including a
area" balcony, patio, yard or sidewalk, that is part of or connected to
or associated with a business that includes the service of food
or beverages, including alcoholic beverages, to customers or
other persons for consumption on site;
"dwelling unit"
"e-cigarette"
"e-substance"
"enclosed or
substantially
enclosed business
premises"
means a dwelling unit as defined in Burnaby Zoning Bylaw,
1965, as amended or replaced from time to time;
means the following:
(a) a product or device, whether or not it resembles a
cigarette, containing an electronic or battery-powered
heating element capable of vapourizing an e-substance
for inhalation or release into the air; or
(b) a product or device similar in nature or use to a product
or device described in clause (a);
means a solid, liquid or gas that, on being heated, produces a
vapour for use in an e-cigarette, regardless of whether or not
the solid, liquid or gas contains nicotine;
means that portion, or those portions, of a business premises:
(a) with a roof or other covering; and
(b) in respect of which air is prevented from easily flowing
through more than 50% of the wall space of that
portion, or portions, of a business premises;
"institutional use" means a use that involves public educational, governmental, or
civic functions that are not commercial uses, and includes
public schools, libraries, public recreational facilities,
community centres and other civic facilities;
"multi-use path"
"park"
"responsible
person"
"sidewalk"
"smoke" or
"smoking"
"street"
"Street and Traffic
Bylaw"
Bylaw No. 14360
Page 3
means a paved or unpaved pathway that supports shared
walking, cycling and other active modes of transport and is
physically separated from on-street infrastructure and facilities
that support higher speed modes of transport such as motor
vehicles and buses;
has the meaning set out in the Parks Regulation Bylaw, 1979,
as amended or replaced from time to time;
means a person who owns, operates, controls, manages or
supervises a business premises or a customer service area;
has the meaning set out in the Street and Traffic Bylaw;
means to inhale, exhale, burn or carry:
(a) a lighted cigarette, cigar, pipe, hookah pipe, or other
lighted smoking device or equipment that burns
tobacco, cannabis or other weed or any substance; or
(b) an activated e-cigarette.