N.M. Admin. Code § 7.37.2.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.37.2.7 - DEFINITIONS

Unless otherwise defined below, terms used in these rules have the same meanings as set forth in the Dee Johnson Clean Indoor Air Act, NMSA 1978, Section 24-16-1 et seq.:

A. "Applicant" means an establishment or agent of an establishment that has applied for a certificate from the department and whose application has not yet been granted or denied; "applicant" includes an applicant for the renewal of a certificate.

B. "Application" means an establishment's application to the department for a certificate, and includes any supporting materials; "application" includes both an application for initial certification and an application for renewal certification.

C. "Application review period" means the time period allotted under these rules for the department to determine whether to grant or deny an application.

D. "Bar" means an establishment that is devoted to the selling or serving of alcoholic beverages for consumption by patrons on the premises, in which the serving of food in the establishment is only incidental to the consumption of those beverages.

E. "Certificate" means a document issued by the department certifying that an establishment's application to the department for cigar bar status under the Dee Johnson Clean Indoor Air Act, NMSA 1978, Section 24-16-1 et seq., has been approved by the department.

F. "Certificated establishment" means an establishment that has applied for and been granted a certificate from the department, whose certificate has not expired or become otherwise invalid under these rules.

G. "Cigar" means a roll of tobacco that is wrapped in a substance containing tobacco, and that is intended for smoking, and does not include cigarettes.

H. "Cigar bar" means an establishment that:

(1) is a bar;

(2) is engaged in the business of selling cigars for consumption by patrons on the premises;

(3) generated at least ten percent of its total annual sales in the year 2007 from the sale of cigars, not including sales from vending machines; and

(4) generates ten percent or more of its total annual gross revenue or at least ten thousand dollars ($10,000) in annual sales from the sale of cigars, not including sales from vending machines.

I. "Cigarette" means:

(1) any roll of tobacco or any substitute for tobacco wrapped in paper or in any substance not containing tobacco; or

(2) a bidi or kretek.

J. "Department" means the New Mexico department of health.

K. "Establishment" means a business enterprise that encompasses a single, contiguous physical location.

L. "Secretary" means the secretary of the New Mexico department of health.

M. "Smoking" means inhaling, exhaling, burning, carrying or holding any lighted or heated tobacco product, including all types of cigarettes, cigars and pipes and any other lighted or heated tobacco product.

N.M. Admin. Code § 7.37.2.7

7.37.2.7 NMAC - N, 5/30/2008