For purposes of this article, the following terms shall have the following meanings:
(a) Business: Any sole proprietorship, partnership, joint venture, corporation, association or other business entity, whether formed for profit or nonprofit purposes. "Business" includes a "club" as defined in this section.
(b) Club: A private not for profit association, corporation or other entity consisting of persons who are bona fide paying members and which owns, leases or uses a building or portion thereof, the use of which is restricted primarily to members and their guests.
(c) Employee: Any person who is employed or retained by a business, and shall include the owner or operator of a sole proprietorship or other similar business entity.
(d) Employer: Any business that employs one or more employees.
(e) Enclosed Area: All space in any structure or building that is enclosed on all sides by any combination of walls, windows, or doorways, extending from floor to the ceiling.
(f) Open Air Dining Area: A seating area open to the air that is accessory to a restaurant, hotel, cafeteria, private club or other public place engaged in purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food and beverage service for a consideration.
(g) Outdoor Event: A scheduled outdoor musical, dance, theatrical, dramatic, entertainment or performance event, or a scheduled outdoor community fair, parade, event or market, that is organized, licensed or permitted by the owner of an outdoor venue and to which the public is invited.
(h) Outdoor Venue: An outdoor theater, amphitheater, plaza, street or other improved area that is used as a public venue or forum to which members of the general public are invited to listen, view or otherwise participate in an outdoor event that is organized, licensed or permitted by the owner of the venue.
(i) Place Of Employment: An area under the control of a public or private employer within the village that employees normally frequent during the course of employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, staircases, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle of public conveyance. "Place of employment" also includes the home office portion of a private dwelling, but only if the home office is used by more than one employee or is frequented by business invitees.
"Place of employment" does not include a private dwelling unit, unless the dwelling is also used as a daycare facility for children or adults; provided that rooms in nursing homes or long term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units.
"Place of employment" does not include that part of a private dwelling used as a home office by a single employee only who resides in that dwelling.
(j) Park: A public park or recreation area that is open to and used by the general public.
(k) Public Entrance: The doorway or other entrance to a public place that is open to and intended for use by the general public for ingress and egress to the public place.
"Public entrance" also means a doorway or other entrance for pedestrian ingress and egress to a place of employment: 1) that is open to and intended for use by the general public or business invitee's ingress and egress to the place of employment; 2) where employees are required or permitted to enter or exit the place of employment.
(l) Public Place: An area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, including without limitation:
(1) Vehicles of public conveyance;
(2) Common or public areas (including, without limitation, lobbies, hallways, reception areas, public restrooms, elevators and staircases) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities, and other multiple-family residential structures;
(3) Common or public areas (including, without limitation, lobbies, hallways, reception areas, public restrooms, elevators and staircases) of any building or structure that is accessible to the public including, without limitation, office, commercial, and industrial buildings, banks and financial institutions, educational institutions, healthcare facilities such as hospitals, clinics and doctor's offices, museums, libraries, restaurants, polling places, government and village owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and retail and service establishments;
(4) Rooms, chambers, halls, or other locations within which meetings, hearings, or gatherings are held, to which the public is invited or in which the public is permitted, including specifically, but without limitation, any enclosed area under the control of the village of Deerfield where there is in progress any public meeting.
"Public place" shall not include:
(1) A private dwelling unit, unless said dwelling is also used as a daycare facility for children or adults; provided that rooms in nursing homes or long term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units; or
(2) Hotel or motel rooms designated as smoking, provided that no more than twenty percent (20%) of the available rooms for rent in any single building shall be designated as smoking rooms.
(m) School Grounds: All public or private outdoor school grounds, but excluding any open areas specifically designated and permitted by the school administration for smoking by adults who are invited to use such area for smoking.
(n) Smoke Or Smoking: Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product or cannabis in any manner or in any form. "Smoke" or "smoking" shall also mean vaping, inhaling, ingesting, absorbing, dissolving, snorting, sniffing, using or consuming any e-cigarette.
For the purpose of this definition, "e-cigarette" means any electronic device designed to deliver nicotine, cannabis, other chemicals, flavors, and/or any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances by converting the nicotine, other chemicals, flavors, and/or liquid product into an aerosol, gas or vapor that is inhaled, ingested, absorbed, vaped, snorted, sniffed, used or consumed by the user, which simulates cigarette smoking and in operation causes the user to exhale any smoke, vapor, other substance other than those produced by unenhanced human exhalation. The electronic device usually consists of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provide an aerosol, gas or vapor derived from nicotine, other chemicals, and/or flavors. This definition includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, cigarillos, pipes, hookahs, or other smoking devices.
(o) Village: The village of Deerfield. (Ord. 0-05-51, 12-19-2005; amd. Ord. 0-14-24, 11-3-2014; Ord. 0-19-43, 12-16-2019)