For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENCLOSED AREA. All space between floor and ceiling that is enclosed on all sides by solid walls, windows, or doors, which extend from the floor to the ceiling.
INDEPENDENTLY VENTILATED. The ventilation system of the enclosed smoking area in a building and the ventilation system of the non-smoking area in the remaining portions of the building do not have a connection which allows the mixing of air into the smoking and non-smoking areas of the building.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The organization has been granted an exemption from the payment of federal income tax as a club under 29 U.S.C. § 501.
PUBLIC PLACE. An enclosed area to which the public is invited or in which the public is permitted. A private club is a PUBLIC PLACE when being used for a function to which the general public is invited. A private residence is not a PUBLIC PLACE unless it is used as a childcare, adult day care, or a health care facility.
(Ord. KOC 450.1 (2005), passed 12-15-2005)