For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the servicing of food is only incidental to the consumption of those beverages, including, but not limited to, taverns nightclubs, cocktail lounges, and cabarets.
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.
EMPLOYEE. Any person who is employed by any employer for direct or indirect monetary wages or profit, including those employed full-time, part-time, on a temporary basis, or by contract through a third-party.
EMPLOYER. Any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door 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, “office landscaping”, or similar structures.
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, private offices, employee lounges and restrooms, conference and classrooms, employee cafeterias, and hallways. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a childcare, adult daycare, or healthcare facility.
PRIVATE CLUB. A facility owned or operated by an association or corporation which shall:
(1) Not be operated for pecuniary gain; and
(2) Consist of a membership:
(a) Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis;
(b) Comprised of persons who have served in the armed forces of the United States; or
(c) 1. Formed as a recognized, exclusive association of persons organized for a joint or common purpose for which application for membership, the payment of dues, and self-governance by the membership are distinguishing characteristics; and
2. Where entry into, and use of the facility is restricted to members and guests of members.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a PUBLIC PLACE.
RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set aside on the premises for customers to consume food or beverages.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, pipe, or any other lighted smoking equipment, or the inhalation or exhalation of smoke from any lighted smoking equipment. SMOKING does not include the burning of incense or candles.
SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
(Ord. 2005-17, passed 10-27-2005; Ord. 2006-6, passed 4-27-2006; Ord. 2019-25, passed on 5-13-2020)