As used in this Subchapter, unless the context clearly indicates or requires a different meaning:
“Building” shall mean any structure enclosed from the weather, whether or not windows or doors are open. If a person leases or possesses only a portion of a building, the term “building” applies to the leasehold or possessory interest as well.
“Dwelling” shall mean any place used primarily for sleeping overnight and conducting activities of daily living, including without limitation, a hotel or motel room or suite or a hospital, hospice or nursing home room, but not a hotel, motel, hospital, hospice or nursing home lobby, common elevator, common hallway or other common area.
“Enclosed Area” shall mean an area that is closed-in overhead by a roof or other covering of any material, whether permanent or temporary, and has forty (40%) percent or more of its perimeter closed-in by wall or other coverings of any material, whether permanent or temporary.
“Establishment” shall mean an entity or organization, including its owners, operators, directors, shareholders, partners, members, employees and possessions.
“Private Organization” shall mean an establishment, exempt from payment of federal income taxes, which maintains selective members, is operated by the membership, does not provide food, drink, entertainment or lodging for pay to anyone who is not a member or a member’s guest and is not profit oriented.
“Retail Tobacco Store” shall mean a retail store used primarily for the sale of tobacco products, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco and accessories, and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than one-third of the total annual gross sales.
“Smoke or Smoking” shall mean the act of inhaling or exhaling the smoke from any lighted cigarette, cigar or pipe or other combustible tobacco product.
“Tobacco Warehouse” shall mean any warehouse building offering tobacco for purchase at auction and the definition established in KRS 248.010(4).
(Ord. BG2011-5, 1/24/2011)