For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any establishment which derives at least 51% of its annual revenues from the sale of alcoholic beverages.
CODE ENFORCEMENT OFFICIAL(S). The department(s) or individual(s) designated by the Mayor and City Council to enforce and administer this chapter.
EMPLOYEE. Any person who is employed by any employer for direct or indirect monetary wages, commissions or profit, or is in a position that would lead one to believe that such person is so employed.
ENCLOSED. Closed in by a roof and walls with appropriate openings for ingress and egress.
INDEPENDENTLY VENTILATED. The heating, ventilation and air conditioning system does not allow for the mixing of air.
OUTDOORS. Any area that is not enclosed.
PRIVATE CLUB. Any building, premises or portion thereof which is wholly owned or leased from other than a governmental entity by a non-profit corporation organized under I.R.C. § 501(c)(3), being 26 U.S.C. § 501(c)(3), as amended.
PRIVATE OFFICE. An individual’s office from which the public is not barred, but to which the public goes primarily by invitation or appointment. It is an office in which there are no employees regularly in residence.
PUBLIC PLACE.
(1) Any enclosed area that is open to or is used by the general public, or that is a place of employment and includes, but is not limited to: retail stores; grocery stores; offices; professional, commercial or financial establishments; food establishments; movie theaters; public and private institutions of education; health care facilities; nursing and convalescent homes; child and adult day care facilities; residential treatment facilities; buildings owned or occupied by political subdivisions; and public restrooms.
(2) For the purpose of this chapter, a PUBLIC PLACE does not include a private residence, private club, bar, tobacco shop, hotel and motel guest rooms that are designated by management as smoking rooms, outdoors, private offices or an independently ventilated area specifically designated for employee smoking. Any PUBLIC PLACES regulated by other statutes or other governmental administrative rules which conflict with or which preempt local regulation are exempt from the provisions hereof to the extent of such conflict or preemption.
SMOKE or SMOKING. The carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking material, equipment or device, and the lighting, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
TOBACCO SHOP. Any commercial establishment that derives 51% of its annual gross receipts from the sale of tobacco and tobacco accessories.
(2012 Code, § 34-100)