As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
"BAR." An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
"BUSINESS." Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services, are delivered.
"E-CIGARETTE." Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulated smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
"EMPLOYEE." Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for an employer.
"EMPLOYER." Any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons.
"ENCLOSED AREA." All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
"HEALTH CARE FACILITY." An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
"PLACE OF EMPLOYMENT." Any area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference and meeting rooms, class rooms, employee cafeterias, hallways, and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a childcare, adult day care or health care facility.
"PUBLIC PLACE." Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, governmental facilities, retail food production and marketing/grocery establishments, retail service establishments, retail stores, theaters and facilities primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or similar performance, bingo halls, gaming facilities and waiting rooms. A private residence is not a "public place."
"PRIVATE CLUB. " An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
"PRIVATE FUNCTION." Defined as a function in which no fee is charged and no tickets are sold, and no public announcements are made to the event and/or function.
"RESTAURANT." Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term RESTAURANT shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined above.
"SERVICE LINE." Any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
"SHOPPING MALL" or "FLEA MARKETS." An enclosed walkway or hall area that serves to connect retail, professional establishments, or booths.
"SMOKING." Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. SMOKING also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.
"SPORTS ARENA." Sports pavilions, gymnasiums, health spas, boxing arenas, swmiming 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.
(Ord. No. 20-14, § 1, 9-11-14)