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As used in this subchapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE. Any person who is employed by an employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
EMPLOYER. Any person, partnership, corporation, including a municipal corporation or a non-profit entity that employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling, enclosed on all sides by solid walls or windows (exclusive of doors or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid.
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. A private residence is not a PLACE OF EMPLOYMENT, unless it is used as a child care, adult day care or health care facility.
PUBLIC PLACE. Any enclosed area, including vehicles, to which the public is invited or in which the public is permitted, or that is generally open to the public, regardless of whether such building or vehicle is owned in whole or in part by a private person or entities or by the city or other public entity, and regardless of whether a fee is charged for admission to the place. It includes, but is not limited to: elevators, public conveyances, museums, concert halls, theaters, hallways, auditoriums, exhibition halls, indoor sports arenas, bowling centers, hospitals, nursing homes, medical, dental, or health care facilities, enclosed shopping centers, financial institutions, educational facilities, public meetings or hearings, public transportation facilities, ticket areas, public restrooms, libraries, restaurants, waiting areas, lobbies, reception areas, banks, educational facilities, laundromats, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, pool halls, bars, bingo halls, private clubs, military service clubs, fraternal clubs, and waiting rooms. A private residence is not a PUBLIC PLACE, unless it is used as a licensed child care, adult day care or health care facility.
RESTAURANT. Any enclosed building, structure or area used as or held out to the public as having food available for payment to be consumed on the premises, including but not limited to, bars, coffee shops, cafeterias, cafes, luncheonettes, soda fountains, and taverns.
RETAIL TOBACCO STORE. A retail store:
(1) Utilized primarily for the sale of tobacco and tobacco-related products, including but not limited to, cigarettes, cigars, tobacco, pipes, cigarette papers, electronic smoking devices, e- liquids, and lighters;
(2) That is not licensed for the consumption of meals or alcoholic beverages on the premises, or operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and
(3) In which the sale of tobacco and tobacco-related products account for not less than 60% of the store's gross sales.
RETAIL TOBACCO STORE does not include a tobacco department of a larger commercial establishment such as a grocery store, department store or discount store.
SMOKING. Inhaling, exhaling, burning or carrying any lighted or heated tobacco or cannabis product in any manner or in any form, including, but not limited to a cigar, cigarette, pipe, blunt, hookah, that is intended for inhalation, whether natural or synthetic, in any manner or form. This includes the use of an electronic smoking device which creates an aerosol or vapor in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this subchapter.
(Ord. G-03-07, passed 1-23-07; Am. Ord. G-14-07, passed 6-5-07; Am. Ord. G-1-22, passed 2-8-22)