For the purpose of this chapter, the following definitions shall broadly apply unless the context clearly indicates or requires a different meaning.
BUILDING. Any structure open to the public that is enclosed on all sides and top from the weather, whether or not windows or doors are open. If a person owns, leases or possesses only a portion of a building, the term BUILDING applies to the ownership, leasehold or possessory interest as well.
COUNTY. The unincorporated areas of Franklin County, Kentucky, a political subdivision of the Commonwealth of Kentucky, but does not include those areas of the City of Frankfort, Kentucky, which were designated in the city’s original charter and those areas which have been legally annexed into the City of Frankfort.
DWELLING. Any place used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a hotel or motel room, but not a hotel or motel lobby, common elevator, common hallway or other common area. A DWELLING does not include a hospital room, hospice facility or nursing home room.
ENCLOSED AREA. An area is closed overhead by a roof or other covering of any material, whether permanent or temporary, and has 60% or more of its perimeter enclosed by walls or other coverings of any material, whether permanent or temporary.
FRANKLIN COUNTY. The unincorporated areas of Franklin County, a political subdivision of the commonwealth, but does not include those areas of the city of Frankfort, which were designated in the city’s original charter and those areas which have been legally annexed to the city of Frankfort.
FRANKLIN COUNTY PROPERTY. Any property owned by Franklin County Fiscal Court.
PRIVATE ORGANIZATION. An establishment which maintains selective members, is operated by the membership and does not provide food or lodging for pay to anyone who is not a member or a member’s guest.
RETAIL TOBACCO STORE. A retail store devoted primarily to the sale of any tobacco product, including, but not limited to, cigarettes, cigars, pipe tobacco and chewing tobacco and accessories and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than 50% of the total annual gross sales.
SMOKING. Inhaling or exhaling the smoke from any burning cigar, cigarette, pipe or other burning tobacco product.
TOBACCO WAREHOUSE. Any warehouse building offering tobacco for purchase at auction and meeting the definition established in KRS 248.010(4).
VAPOR PRODUCT. Any noncombustible product that employs a heating element, battery, power source, electronic unit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling the device. VAPOR PRODUCT includes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
(Ord. 8 (2012), passed 5-4-2012; Ord. 11-2019, passed 12-20-2019)