Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-1
Definitions
Operative Text
(a) The following words and phrases as used in this chapter have the meanings defined in this section unless the context clearly indicates otherwise. (b) "Business" means any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity formed for profit-making purposes. (c) A "common interest development" means a development as defined in California Civil Code Section 1351(c). (d) "Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. (e) "Employee" means any person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an Employer. (f) "Employer" means any Business or Nonprofit Entity that retains the services of one or more Employees. (g) "Landlord" means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property. "Landlord" does not include sublessors. (h) "Multi-unit residence" means a building or portion thereof that contains more than one dwelling unit including but not limited to apartments, common interest development, senior citizen housing, nursing homes, and single room occupancy hotels. A single family home with a second dwelling unit is not a "multi-unit residence." (i) "Multi-unit Residence Common Area" means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of different units, including but not limited to halls and stairwells, paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas. (j) "Nonprofit Entity" means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this Chapter. (k) "Place of Employment" means any area under the legal or de facto control of an Employer that an Employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation. (l) "Public place" means any place, public or private, open to members of the general public regardless of any fee or age requirement. (m) "Service area" means any publicly or privately owned area, including streets and sidewalks, designed to be or regularly used by one or more persons to receive or wait to receive a service, or make a transaction whether or not such service includes the exchange of money. The term "Service Area" includes but is not limited to ATMs, bank teller windows, telephones, ticket lines, bus stops or shelters, mobile vendor lines, and cab stands. (n) "Significant tobacco retailer" means any tobacco retailer that derives seventy-five (75) percent or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. (o) "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts. The term "Smoke" includes, but is not limited to, tobacco smoke, Electronic Smoking Device vapors, and the smoke or vapors from combusting or vaporizing any plant product intended for human inhalation. "Smoke" does not include the product of combusting or vaporizing material that contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, as for example smoke from incense. "Smoke" does not include the gases, particles, or vapors produced by a medical inhaler delivering a metered dose of prescription medication in compliance with federal law. (p) "Smoking" means inhaling Smoke or possessing a lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, or Electronic Smoking Device. (q) "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (r) "Unit" means: (1) a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces such as balconies, decks, and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2).
Belmont Code of Ordinances ch. 20.5 § 20.5-1 establishes the foundational vocabulary for the city's smoking and tobacco regulations chapter. Each defined term — such as "Landlord," "Multi-unit residence," "Smoking," "Smoke," and "Electronic Smoking Device" — carries a specific legal meaning that governs how the rest of the chapter is interpreted and applied. Notably, the definitions draw distinctions that affect scope, such as excluding sublessors from the definition of "Landlord" and excluding single-family homes with one additional unit from the definition of "Multi-unit residence." These definitions do not themselves impose obligations but set the boundaries for all rules that follow in the chapter.
Plain English — not legal advice.
Property owners and managers should familiarize themselves with the definitions in ch. 20.5 § 20.5-1, as these terms directly shape which obligations apply to their properties. Under this section, a "Landlord" is defined to include owners, lessors, and property managers of residential property, but explicitly excludes sublessors — meaning the chapter's duties fall on the primary owner or manager. Operators of buildings with more than one dwelling unit will generally find that their properties qualify as a "Multi-unit residence" under § 20.5-1, which triggers additional provisions elsewhere in the chapter, while those with a single-family home plus one secondary unit should note that configuration is expressly excluded from that definition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings covered by Belmont Code of Ordinances ch. 20.5 § 20.5-1 should understand that the definitions in this section determine whether their home qualifies as a "Multi-unit residence" and whether their building's owner or manager qualifies as a "Landlord" under the chapter's rules. Because sublessors are excluded from the definition of "Landlord," tenants who rent from a subleasor may find that certain chapter protections apply differently to their situation. Tenants seeking to understand how these definitions affect their rights under the broader chapter may find it helpful to consult a local tenant-rights organization or review the remaining provisions of ch. 20.5 for context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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