For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The term includes, but is not limited to, taverns, nightclubs, and cocktail lounges.
CHILD CARE FACILITY. Any licensed nursery, day care center, preschool, or other facility engaged in the practice of providing care for children. A private residence is not a child care facility.
ENCLOSED FACILITY. Areas enclosed on all sides by walls or windows (exclusive of door or passage ways) which extend from floor to ceiling.
HEALTH CARE FACILITY. Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all area waiting rooms, hallways, private rooms, semiprivate rooms, and wards.
PERSON. Any individual, partnership, cooperative association, private cooperation, personal representative, receiver, trustee, assignee, or any other legal entity.
PRIVATE CLUB. A facility owned or operated by an association or corporation, which shall:
(1) Not be operated for profit; and
(2) Consist of a membership:
(a) Formed as lodge, union or local chapter, or corresponding unit of fraternal order recognized on a national basis; or
(b) Comprised of persons who have served in the armed forces of the United States; or
(c) Formed as a recognized, exclusive association of persons organized for a joint or common purpose for which application for membership, the payment of dues, and self governance by the membership are distinguishing characteristics; and
(d) Where entry into, and use of the facility is restricted to members and guests of members.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to financial institutions, beauty and barber shops, educational facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments and other commercial establishments, retail stores, theaters and waiting rooms, regardless of whether a fee is charged for admission to the place. A private residence is not PUBLIC PLACE.
RESTAURANT. An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, private and public school cafeterias, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term RESTAURANT shall include a bar area within a restaurant.
RETAIL STORE. Any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold or offered for sale.
RETAIL TOBACCO STORE. Any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving services of any kind, whether or not such service involves the exchange of money.
SHOPPING MALL. An enclosed public walkway or hall are that serves to connect retail or professional establishments.
SMOKING. The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.
SPORTS ARENA. Any enclosed or unenclosed sports pavilion, gymnasium, health spa, swimming pool, roller or ice rink, bowling alley and other similar public place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
THEATER. Any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Ord. 5102, passed 4-3-2008)