For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BAR. An establishment with a permit to sell alcoholic beverages pursuant to divisions (1), (3), (5) or (10) of G.S. § 18B-1001.
   BUS SHELTER. An ENCLOSED AREA that serves as a shelter for persons waiting at a bus stop.
   BUS STOP. A designated location where a passenger bus regularly stops to collect or discharge passengers. A bus stop may have a bus shelter or may be designated only by signage.
   CHILD. Any person under the age of 18.
   CHILD CARE FACILITY. Any nursery, day care center, preschool or other facility engaged in the practice of providing care for children.
      (1)   An establishment with a permit to sell alcoholic beverages pursuant to divisions (1), (3), (5) or (10) of G.S. § 18B-1001 that satisfies all of the following:
         (a)   Generates 60% or more of its quarterly gross revenue from the sale of alcoholic beverages and 25% or more of its quarterly gross revenue from the sale of cigars;
         (b)   Has a humidor on the premises; and
         (c)   Does not allow individuals under the age of 21 to enter the premises.
      (2)   However, revenue generated from other tobacco sales, including cigarette vending machines, shall not be used to determine whether an establishment satisfies the definition of CIGAR BAR.
   EMPLOYEE. A person who is employed by an employer or who contracts with an employer or third person to perform services for an employer or who otherwise performs services for an employer with or without compensation.
   E-CIGARETTE. Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution or any other substance, and the 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.
   EMPLOYER. An individual person, business, association, political subdivision or other public or private entity, including a non-profit entity, that employs or contracts for or accepts the provision of services from one or more employees.
   ENCLOSED AREA. An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides, but one.
   LODGING ESTABLISHMENT. An establishment that provides lodging for pay to the public.
   PLACE OF EMPLOYMENT. Any enclosed area under the control of an employer whose employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care facility or health care facility.
   PRIVATE CLUB. A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member’s guest and is either incorporated as a non-profit corporation in accordance with G.S. Ch. 55A or is exempt from federal income tax under the Internal Revenue Code, as defined in G.S. § 105-130.2(1). For the purposes of this chapter, PRIVATE CLUB includes country club.
   PRIVATE RESIDENCE. A private dwelling that is not a child care facility, as defined in G.S. § 110-86(3) and not a long-term care facility, as defined in G.S. § 131E-114.3(a)(1).
   PRIVATE VEHICLE. A privately owned vehicle that is not used for commercial or employment purposes.
   PUBLIC PLACE. An enclosed area to which the public is invited or in which the public is permitted. Without limiting the foregoing but rather by way of clarification and illustration: Public places include all buildings and other structures that (i) have a roof or other overhead covering and at least three walls or other side coverings; and (ii) are places in to which the public is invited or permitted. Public places can be on publicly or privately owned property. Examples of public places are banks, retail stores, grocery stores, bowling alleys, waiting rooms, lobbies, and bus shelters. For purposes of this chapter, public places do not include government-owned buildings other than those owned by the town.
   RESTAURANT. A food and lodging establishment that prepares and serves drink or food as regulated by the Commission pursuant to G.S. Ch. 130A, Art. 8, Part 6.
   SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe or any other lighted tobacco product.
   STATE GOVERNMENT. The political unit for the state, including all agencies of the executive, judicial and legislative branches of government.
   STATE GOVERNMENT BUILDING. A building owned, leased as lessor or the area leased as lessee and occupied by state government.
   STATE VEHICLE. A passenger-carrying vehicle owned, leased or otherwise controlled by the state and assigned permanently or temporarily to a state employee or state agency or institution for official state business.
   TOBACCO SHOP. A business establishment, the main purpose of which is the sale of tobacco, tobacco products and accessories for the products, that receives no less than 75% of its total annual revenues from the sale of tobacco, tobacco products and accessories for the products and does not serve food or alcohol on its premises.
   TOWN. The Town of Boone, North Carolina, a municipal corporation.
   TOWN GROUNDS. An unenclosed area owned, leased or occupied by the town, including all areas in the town’s street rights-of-way and other easement areas, sidewalks, greenways, and multi-modal paths.
   TOWN SIDEWALK. A sidewalk owned or maintained by the Town of Boone.
   TOWN VEHICLE. A vehicle owned, leased or otherwise controlled by the town and assigned permanently or temporarily to an employee(s) of the town, its agencies, institutions or facilities for official town business, designed, used or intended for use carrying passengers.
   VAPE (VAPING). The use of an e-cigarette.
   WALLS/SIDE COVERINGS. A solid material enclosing 50% or more of a side of a structure.
(Prior Code, § 97.02) (Ord. passed 12-17-2009; Ord. passed 2-16-2010; Ord. passed 12-16-2019; Ord. passed 12-15-2020)