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 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, financial, counseling, or other professional or consumer services are provided.
(Ord. 2015-28. Passed 10-19-15.)
(b) "Employee" means a person who is employed by an employer, or who contracts with an employer or who contracts with a third person to perform services for an employer, or who otherwise performs services for an employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation.
(c) "Employer" means an individual person, business, partnership, association, corporation, including a municipal corporation, trust, or any non-profit entity that accepts the provision of services from one or more employees.
(d) "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 appropriate openings for ingress and egress.
(e) "Place of Employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to, private offices, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways, hallways, factories, warehouses, garages, laboratories, taxies, limousines, and company-owned vehicles used for a business purpose.
An enclosed area as described herein is a "Place of Employment" without regard to time of day or actual presence of employees. "Place of Employment" only includes private residences, whether single or multifamily, if used as a child care, adult day care, or health care facility, or if a person uses a private residence in any way otherwise qualifying that person as an employer with respect to the use of that private residence; provided, however, that private residences are exempt from this chapter to the extent that the person providing the services is providing housecleaning, home maintenance or personal care services in the private residence.
(f) "Proprietor" means the owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment.
(g) "Public Place" means an enclosed area to which the public is invited or in which the public is permitted and includes service lines. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.
(h) "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.
(Ord. 04-25. Passed 9-7-04.)
(Ord. 04-25. Passed 9-7-04.)
(i) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, electronic nicotine delivery system including electronic smoking devices as defined herein, or other smoking equipment in any manner or in any form. “Smoking” does not include the burning or carrying of incense in a religious ceremony.
(j) “Smoking materials” means any cigar, cigarette, pipe, weed, plant, electronic nicotine delivery system including electronic devices as defined herein, tobacco, tobacco product, or other smoking equipment in any form.
(Ord. 2023-22. Passed 9-5-23.)
(k) "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work function.
(l) “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 commercial establishment such as a department store, discount store, or bar.
(m) “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.
(n) “Private Club” means a club as that term is defined in Ohio R.C. 4301.01 (B)(13) and that is organized as not for profit.
(Ord. 04-25. Passed 9-7-04.)
(o) "Product paraphernalia" means any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of tobacco product to include, but not limited to pipes, rolling papers, and electronic smoking devices.
(p) “Cigarette” means any roll for smoking and containing any tobacco product or similar material, and shall include hand-rolled cigarettes, clove cigarettes, and similar materials.
(q) “Flavored tobacco product” means any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, including or relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice, either prior to or during the consumption of a tobacco product, including, but not limited to, any taste or smell.
(r) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(s) “Retailer” means any person, business, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation that owns, operates, or manages any tobacco retail establishment booth, concession, or other place at which sales of cigarettes, tobacco products, e-cigarettes and/or liquid nicotine are made to purchasers.
(t) “Tobacco” or “tobacco product” means any product that is made or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff or snus. For purposes of this ordinance, this shall also include synthetic nicotine. The term also includes an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(Ord. 2023-22. Passed 9-5-23.)