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As used in this chapter:
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, bikini bars and cabarets.
BUSINESS: A sole proprietorship, partnership, joint venture, corporation or other business entity, either for profit or not for profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered; and private clubs.
E-CIGARETTE: Any electronic oral device, such as one composed of a heating or ultrasonic element, battery and/or electronic circuit, which provides a vapor of nicotine or any other substance, and use or inhalation of which simulates 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: A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for an employer.
EMPLOYER: A person, business, association, municipal corporation or trust that employs the services of one or more individual persons.
ENCLOSED AREA: All space between a floor and a ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent.
EXCLUSIVE RETAIL TOBACCONIST: A retail tobacco business which derives more than ninety five percent (95%) of sales from tobacco and tobacco products sold on the premises for consumption off the premises and which the sale, manufacture or promotion of other products is merely incidental. The status as an exclusive retail tobacco business is lost if at any time the business premises provides seating for more than four (4) patrons or is used to sell or serve food or drink, vend lottery tickets or newspapers or magazines not primarily for tobacco enthusiasts, or if the premises is used for dancing, karaoke, gaming or live entertainment, or performance of any kind.
HEALTHCARE 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, long term care facilities, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms and wards within healthcare facilities.
PLACE OF EMPLOYMENT: An area under the control of a public or private employer.
PUBLIC PLACE: An area to which the public is invited or in which the public is permitted for any purpose, whether the place is publicly owned or private. Public places are as further defined in section 5-11-8 of this chapter.
RESTAURANT: An eating establishment, including, but not limited to, coffee shops, cafeterias and food stands, which gives or offers for sale food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant shall include a bar area within the restaurant.
RETAIL TOBACCO BUSINESS: A business which, during the normal course of business, primarily distributes any tobacco and/or tobacco product or provides any equipment or material used for the consumption of tobacco.
SERVICE LINE: An indoor or outdoor location in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including, but not limited to, persons waiting to use an ATM, attend a concert, obtain food or drink from a vendor, purchase movie tickets, purchase or board public transit or attend a sporting event.
SHOPPING MALL: An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING: Inhaling, exhaling, burning, carrying, or possessing any combusting (heated, lit, or smoldering) tobacco or any other substance, whether contained in a cigar, cigarette, or pipe, or any other object. Smoking also includes the use of an e-cigarette which creates vapor, in any manner of any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter. Smoking does not include possession of an unlit or unheated cigar, cigarette, or pipe.
SPORTS ARENA: Places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events. This term includes, but is not limited to, sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
TEMPORARY SPECIAL EVENT ZONE: Any outdoor area set aside to accommodate people in a smoke free space for such activities as concerts, movies or other entertainment in a public space. A temporary special event zone shall be designated by a perimeter of "No Smoking" signs placed at each entrance to the zone and spaced approximately every fifty feet (50') at a height of between three feet (3') (measured from the top edge of the sign) and five feet (5') (measured from the bottom edge of the sign). The signs shall be no less than one hundred (100) square inches with the words "No Smoking" in letters at least one inch (1") high or displaying the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If the permit is issued for an area in which smoking is not otherwise prohibited, a temporary special event zone may be required as a condition of issuance of a special event permit/citizen use permit for the entire duration of the event authorized in the permit.
TOBACCO AND TOBACCO PRODUCTS: Tobaccos, cigarettes, cigars, pipes, tobacco pipe tobaccos, humidors, cigar cutters, pipe cleaners, pipe maintenance tools and literature primarily for tobacco enthusiasts. (1952 Code § 6-23-04; amd. Ord. 16-19, 5-7-2019)