For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAY NURSERY. Any child care facility receiving one or more children for care during part or all of a day between 6:00 a.m. and 9:00 p.m. and includes facilities commonly called CHILD CARE CENTERS, DAY NURSERIES, NURSERY SCHOOLS, KINDERGARTENS and PLAY GROUPS, with or without stated educational purposes. DAY NURSERY does not include bona fide kindergartens or nursery schools operating under the auspices of established public or private boards of education; bona fide kindergartens or nursery schools approved by the Superintendent of Public Instruction or the schools districts in which such kindergartens or nursery schools are located; or those facilities operated in connection with a shopping center or shopping service where transient children are received while parents are shopping on the premises.
(`95 Code, § 117.040)