The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bar or cocktail lounge means a place where mixed alcoholic beverages are sold for consumption on the premises as the primary business activity where such sales constitute at least 75 percent of the gross revenues of the business. A bar includes those facilities located within a hotel, motel or other similar transient occupancy establishment.
Business means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making or not-for-profit purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medicine, dental, engineering, architectural, or other professional services are provided.
Common traffic area means an area within a building primarily used for the unobstructed passage of pedestrian traffic through the building.
Designated smoking area means a designated area, which shall:
(1) Be a physically enclosed area as defined herein, separated from non-smoking areas; and
(2) Be ventilated with a separate heating, ventilation, and air conditioning (HAVC) system as defined herein.
Electronic vaping device means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he can inhale in simulation of smoking. The term "electronic vaping system" includes every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, electronic hookahs, e-hookahs or under any other product name or design.
Electronic vaping liquid (also known as e-juice or e-liquid) means any liquid product composed of propylene glycol or other carrier solvent and may contain nicotine and/or other substance and manufactured for the use with electronic vaping devices.
Employee means any person who is employed by an employer in consideration for monetary compensation or profit.
Employer means any person, partnership, corporation, association or other entity that employs one or more persons.
Enclosed or enclosed area means all space between a floor and ceiling, which is enclosed on all sides by solid walls or windows, which extend from the floor to the ceiling, including a door which remains closed at all times, except when used for entry or exit. Spaces screened by partitions, which do not extend to the ceiling or are not solid, office landscaping or similar structures are not considered enclosed areas.
Fast food restaurant means a food establishment with:
(1) A limited fast food only menu;
(2) No wait staff (counterstaff allowed); and
(3) A passout window for delivery of food to be consumed off premises (a passout window is not necessary if the establishment is located within a shopping center).
The term "fast food restaurant" does not include cafeterias or establishments where beverages must be consumed on premises.
HVAC means a separate heating, ventilation, and air conditioning system such that air from the smoking area is exhausting directly to the outside and not circulated within the building or mixed with the general dilution ventilation for the building and that creates a negative pressure away from the door into the room sufficient to prevent any flow of smoke from the smoking area to the non-smoking area. Such system shall supply a minimum of 30 cubic feet per minute (30 CFM) outdoor air exchange per person and be under negative pressure.
Minor means a person younger than 18 years of age.
Open display unit means any device, furniture or furnishing within or upon which electronic vaping devices are displayed to customers, and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk, booth, stand, vending machine and other surface.
Place of employment means an enclosed area controlled by any employer, but not used by the general public, and to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias. The term "place of employment" does not include a private residence, unless it is used as a child care, adult care or health care facility.
Possession means actual care, custody, control or management.
Private place means any enclosed area to which the public is not invited or in which the public is not permitted, including, but not limited to, personal or private residences, private social clubs, or personal automobiles.
Public meeting means a meeting that is open to the public and held in an enclosed area of a public space.
Public place or public area means an enclosed area that is used by the general public, to which the public is invited or in which the public is permitted and includes, but is not limited to:
(1) All enclosed facilities, including buildings owned, leased, or controlled by the city;
(2) All or any part of a building used for local governmental purposes;
(3) A retail store, office, service establishment or other commercial establishment;
(4) A grocery store;
(5) A restaurant, cafeteria, delicatessen, commissary, or mobile food unit;
(6) A public primary or secondary school, a public institution of higher education, or any other educational facility;
(7) A restroom;
(8) An enclosed theater, movie house, auditorium, arena, music hall, lecture hall, or other performing arts venue;
(9) An elevator;
(10) A library, museum, gallery, or aquarium;
(11) A health care facility or hospital;
(12) A child care facility;
(13) A service line, cashier area, over the counter sales area, or common traffic area;
(14) Sports arenas, stadiums, and convention halls, including bowling facilities and other indoor recreational facilities;
(15) A lobby, hallway or other common area in apartment buildings, condominiums, trailer parks, retirement facilities, adult care facilities, nursing homes or other multiple-unit residential facilities;
(16) A polling place;
(17) A public plane or train;
(18) A transit system bus or interstate bus, taxicab, or any other public transport;
(19) A public transportation facility, including ticket, boarding and waiting areas of public transit depots;
(20) A lobby, reception area, waiting area, hallway, or other common-use area;
(21) A retail food production and marketing facility;
(22) All areas available to, and customarily used by, the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, attorney's offices and other offices not otherwise exempted herein, banks, laundromats, hotels and motels; and
(23) The public areas of a fast food restaurant.
Restaurant means a food establishment where the primary business is the preparation and sale of food.
Retail electronic vaping store means a retail store utilized primarily for the sale of electronic vaping devices, accessories, and/or electronic vaping liquid, or any other article or product that is for use in an electronic vaping device and in which the sale of other products is merely incidental.
Retail store means an establishment whose purpose is to offer for sale and sell to consumers, not for resale, goods, wares, merchandise and food, which items are purchased for use and/or consumption off premises, including, but not limited to, supermarkets, convenience stores, drug stores, and warehouse stores.
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.
Service line means any indoor line in which one of more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
Single-pack means any cigarette, cigar, tobacco or smokeless tobacco product sold in less than a carton or similar units.
Smoking, smokes or smoke means inhaling, exhaling, burning, possessing, carrying, or holding any lighted cigar, cigarette, pipe, weed, plant, or combustible substance in any manner or in any form and/or vaping or the use of any electronic vaping devices.
Sports arena means indoor sports pavilions, gymnasiums, health spas, boxing arenas, 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.
Sports grill means an establishment as defined by the zoning ordinance of the city.
Tobacco product means a cigarette, cigar, electronic vaping device, smoking tobacco, including granulated, plug-cut, crimp-cut, ready rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette, chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing, snuff or other preparations of pulverized tobacco, nicotine product, dissolvable nicotine, electronic vaping liquid, or any other article or product that is for use in an electronic vaping device.
Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic device of any kind. For the purposes of this article, the term "vaping" is synonymous with the term "smoking," "smokes" or "smoke."
(Prior Code, § 13-180; Ord. of 12-21-1992; Ord. of 9-12-2006; Ord. of 3-24-2015)