In this chapter:
(1) BAR means an establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.
(2) BILLIARDS means any game played on a cloth-covered table with balls and cue sticks where the balls are struck by the sticks and the balls strike against one another.
(3) BILLIARD HALL means an establishment that:
(A) holds a valid billiard hall license issued by the city under Chapter 9A of this code;
(B) has at least 12 billiard tables that are not coin-operated available for rent to persons desiring to play billiards on the premises; and
(C) derives 70 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption and from the rental of billiard tables and billiard equipment to persons desiring to play billiards on the premises.
(4) CIGAR BAR means a bar that derives 15 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or rental of tobacco, tobacco products, smoking implements, or smoking accessories for on-premises consumption.
(5) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, or the director's designated representative.
(6) EATING ESTABLISHMENT means any establishment that prepares or serves food or beverages, regardless of whether the establishment provides seating or facilities for on-premises consumption. The term includes, but is not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles, and catering establishments.
(7) EMPLOYEE means any person who works for hire at an indoor or enclosed area including an independent contractor with an assigned indoor location.
(8) EMPLOYER means any person who employs one or more employees.
(9) ENCLOSED means an area that:
(A) is closed in overhead by a roof or other covering of any material, whether permanent or temporary; and
(B) has 40 percent or more of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary.
(10) HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients.
(11) MINOR means an individual:
(A) under 21 years of age; or
(B) at least 18 years of age and presenting a valid military identification card of the United States military forces or the state military forces.
(12) PARK PARTNER means any entity that contracts with the city for the operation, maintenance, or management of park property.
(13) PARK PROPERTY means property under the control and jurisdiction of the park board.
(14) PERSON means an individual, firm, partnership, association, or other legal entity.
(15) RETAIL OR SERVICE ESTABLISHMENT means any establishment that sells goods or services to the general public, including but not limited to any eating establishment, bar, hotel, motel, department store, grocery store, drug store, shopping mall, laundromat, bingo parlor, bowling center, billiard hall, or hair styling salon.
(16) SECOND-HAND SMOKE means ambient smoke resulting from the act of smoking.
(17) SMOKE OR SMOKING means inhaling, exhaling, possessing, or carrying any lighted or burning cigar or cigarette, or any pipe or other device that contains lighted or burning tobacco or tobacco products.
(18) TOBACCO SHOP means a retail or service establishment that derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements.