(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

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

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 Guam Code Ann. § 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.

(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.

SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89103, renumbered § 90103 by the Compiler. Amended by P.L. 28-80:3 (Dec. 9, 2005), effective 150 days from enactment. Amended by P.L. 35-047:1 (Nov. 12, 2019).

2016 NOTE: Subsection/subsitem designations added and altered pursuant to the authority of 1 Guam Code Ann. § 1606.