523.01 DEFINITIONS.

   As used in this chapter:

   (a)    "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages. An establishment which would usually be defined as an "eating establishment" under Section 523.01(c) may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a "bar."

   (b)    "Club" means a corporation or association of individuals organized in good faith for recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part thereof operated solely for those purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.

   (c)    "Eating establishment" means a place located in a permanent building with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal place of business. "Eating establishment" does not include pharmacies, confectionery stores, lunch stands, night clubs, and filling stations.

   (d)    "Enclosed indoor area" means an area closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.

   (e)    "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.

   (f)    "Grocery store" means any supermarket, convenience store or other retail food production and marketing establishment.

   (g)    "Health-care facility" means any laboratory associated with the rendition of healthcare treatment, any hospital, rest home, nursing home, doctors' office, dentists' office or other establishment involved in the provision of health care.

   (h)    "Lodging facilities" means any structure consisting of one or more buildings, with two or more sleeping rooms kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests.

   (i)    "Members of the general public" means shoppers, patrons, patients, students, clients and other similar customers of any establishment, but excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to such establishment.

   (j)    "Night club" means a place operated for profit, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration which may be in the form of a cover charge or may be included in the price of food and beverages, or both, purchased by the patrons thereof.

   (k)    "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.

   (l)    "Place of employment" means that portion of an enclosed, indoor area under the control of a public or private employer, which portion employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.

   (m)   "Polling place" means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted.

   (n)    "Proprietor" means the owner, manager, operator or other person in charge of a public place. "Proprietor" excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.

   (o)    "Public place" means that portion of an enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted.

   (p)    "Retail tobacco store" means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger retail store such as a department or discount store.

   (q)    "Service line" means an indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such services involve the exchange of money.

   (r)    "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is or is not permitted and to provide related information. The international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) may be used in, or substituted for, a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to a person of normal vision throughout the area it is intended to mark.

   (s)    "Smoking material" means a cigar, cigarette, pipe, weed, plant or other smoking accessory items or paraphernalia in any form.

   (t)    "Work area" means a room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.

      (Ord. 2004-68. Passed 9-21-04.)