737.01 DEFINITIONS.
For purposes of this chapter:
(a) "Business" means a sole proprietorship, partnership, association, joint venture, corporation, or any limited liability form of any of the foregoing, or any other entity formed for any legal purpose, whether for profit, not for profit or charitable purposes, including, but not limited to retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, or other professional or consumer services are provided.
(b) "Enclosed area" means all space closed in by a roof or other overhead covering of any kind and walls or other side coverings of any kind on at least three sides with openings for ingress and egress. Enclosed area shall not include designated smoking shelters when such shelters are located more than 10 feet from any point of ingress, egress, ventilation system, operable window or other opening which could provide a means for smoke to enter into the place of public assembly.
(c) "Proprietor" means the owner, manager, operator, liquor permit holder, or other person in charge or control of a place of public assembly as defined in this chapter.
(d) "Place of public assembly" means an enclosed area to which the public is invited or in which the public is permitted and includes service lines, and in which seating for at least ten (10) members of the public is provided in the enclosed area excluding those establishments and premises as described in Section 737.04
.
(e) "Service line" means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
(f) "Smoke" or “smoking” means inhaling, exhaling or carrying any lighted and/or burning smoking materials. “Smoking” does not include the burning or carrying of incense or candles in a religious ceremony or the use of matches or lighters for nonsmoking purposes. Smoke shall also mean the by-product of the burning of any smoking materials.
(g) “Smoker” means a person or persons smoking.
(h) "Smoking materials" means any cigar, cigarette, pipe, weed, plant or other organic substance grown, manufactured or processed which is intended to be used for smoking in any form. “Smoking materials” do not include candles, incense or other similar items.
(i) “Retail tobacco store” means a retail store used primarily for the sale of smoking materials and smoking accessories in which the sale of other products is incidental and where smoking is permitted within the public place. “Retail tobacco store” does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or other establishment where smoking within the place of public assembly is not permitted.
(j) “Outdoor patio” means an outdoor area, open to the air at all times, that is either:
(1) Enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or
(2) Has no roof or other overhead covering at all regardless of the number of walls or other side coverings.
(k) “Private club” means a club as that term is defined in R.C. 4301.01 (b)(13) and that is organized as not for profit. (Ord. 73-05. Passed 4-25-05.)