§ 102.01 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   “BAR.” An area which 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 such beverages and where minors are not allowed admission. A restaurant that contains a bar is not included, as minors are admitted in these areas.
   “DIRECTOR.” Chief administrative officer of the city-county public health district.
   “ELECTRONIC SMOKING DEVICE.” Any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, 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 a non-profit entity.
   “EMPLOYER.” Any person, including a municipal corporation, or nonprofit entity who employs the services of one or more individual persons.
   “ENCLOSED AREA.” A space that is enclosed on all sides by solid partitions that extend from the floor to the ceiling, including but not limited to screens, walls, windows, and doors.
   “OPERATOR.” The owner or person in charge of a public place or workplace, including an employer.
   "PUBLIC PLACE." An enclosed area or any portion thereof to which the public is invited or in which the public is permitted or allowed access, including but not limited to: banks, bars, bingo halls, educational facilities, fraternal organizations, health care facilities, hotel and motel rooms, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, waiting rooms, and workplaces. All city-owned facilities, including parks, are public places for the purpose of this chapter. A private residence is not a "PUBLIC PLACE" unless it is used as a childcare, adult day care, or health care facility.
   “RETAIL TOBACCO STORE” or “RETAIL ELECTRONIC CIGARETTE STORE.” A retail store whereby 75% of quarterly sales are from tobacco products and accessories, to include electronic cigarettes, in which the sale of other products is merely incidental.
   “SMOKE.” To inhale, to exhale, to burn or to carry any lighted cigar, pipe, cigarette, weed or other plant in any manner or form, or to use an electronic smoking device.
   “WORKPLACE.” An enclosed area under the control of a public or private employer in which employees work or have access to during the course of their employment.
(Ord. 882, passed 7-20-15; Am. Ord. 959, passed 11-18-19)