§ 94.51 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BAR. An establishment or enclosed area which is devoted to the serving of alcoholic beverages for the consumption on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a BAR, the term BAR shall not include the restaurant dining area.
   DINING AREA. Any enclosed area containing a counter or tables upon which meals are served.
   EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit and any person who volunteers his or her services for a not-for-profit entity.
   EMPLOYER. Any person, partnership, corporation, including a municipal corporation, or non-profit entity who employs the services of one or more persons.
   ENCLOSED AREA. All space between a floor and ceiling which is surrounded on all sides by walls or windows with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies and common corridors.
   HOSPITAL AND HEALTH CARE FACILITIES. Buildings whose primary purpose is the reception, care and medical treatment of persons who are sick, injured, wounded or otherwise in need of medical care and treatment These facilities include, but shall not be limited to, hospitals, medical and dental clinics and offices, nursing homes and nursing health, care facilities.
   MAIN ENTRANCE. Any public entryway into, or out of an enclosed indoor area of a hospital or health care facility used by the general public, and/or to which is invited or permitted to use as and entrance, into or out of the hospital or health care facility.
   PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment including, but not limited to, work areas, employees lounges, cafeterias, restrooms and conference rooms. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care or health care facility.
   PUBLIC PLACE. Any enclosed area to which the public is invited. For the purpose of this section, a hospital is a PUBLIC PLACE.
   PUBLIC SIDEWALK. Any walkway leading to or away from a main entrance to a hospital or health care facility and which is used by the general public and/or to which the general public is invited or permitted to use as a means of ingress or egress to the main entrance.
   RESTAURANT. Any coffee shop, cafeteria, luncheonette, sandwich shop, private or public school cafeteria or eating establishment and any other eating establishment, organization or club which gives, or offers for sale, food to the public, guests, patrons or employees.
   SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving services of any kind, whether or not such service involves the exchange of money.
   SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, pipe or cigarette, hookah, weed, herbs, or any other lighted smoking equipment. SMOKE or SMOKING does not include smoking that is associated with a native recognized religious ceremony, ritual or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, being 42 U.S.C. 1996 and 1996a.
(Prior Code, § 94.076) (Ord. 88-152, passed 12-13-1988; Ord. 2017-005, passed 2-27-2017)