For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. A portion of an establishment where a person can purchase and consume alcoholic beverages, including, but not limited to, taverns, night clubs and cocktail lounges.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
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.
HEALTH CARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill.
MEMBERSHIP CLUB. A facility owned or operated by an association or corporation, which shall:
(1) Not be operated for pecuniary gain; and
(2) Registered under Indiana law; and
(3) Determined by the Internal Revenue Service to be operating under not-for- profit status; and
(4) Consist of a membership:
(a) Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or
(b) Comprised of persons who have served in the armed forces of the United States; or
(c) 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 characteristic, and, where entry into, and use of the facility is restricted to members and guests of members.
OFFICE. A building, structure or area used by the general public or serving as a place of work at which principal activities consist of professional, clerical or administrative services. An OFFICE includes, but is not limited to, professional offices, offices in financial institutions, business offices, telemarketing offices and governmental offices.
OTHER PERSON IN CHARGE. The agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a place of work and public place at any given time.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PLACE OF WORK/EMPLOYMENT.
(1) Any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform services for which individuals are ordinarily paid. Examples of a place of work include enclosed, indoor areas of an office, a public conveyance, a factory, a warehouse, a hotel or motel, and other locations where services are performed under an employment relationship.
(2) Enclosed, indoor areas of private clubs, and rooms used for private meetings or social functions, are PLACES OF WORK if two or more persons acting under an employment relationship provide cleaning, catering, food or beverage service, maintenance or other support services in the location.
PROPRIETOR. The party, regardless of whether the party is the owner or lessee of the place of work or public place, who ultimately controls, governs or directs the activities within the place of work or public place. The term may apply to a corporation as well as an individual.
PUBLIC PLACE. Any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, bars, restaurants, retail stores, offices and other commercial establishments, public conveyances, auditoriums, arenas, meeting rooms, common areas of rental apaitment buildings, educational facilities other than public schools, sports arenas, theaters, shopping malls, banks, laundromats, barber and beauty shops, retail food production locations, marketing establishments and health care facilities.
RESTAURANT. Any establishment used as, or held out to, the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes, sandwich stands and soda fountains. The term shall include a bar area within the restaurant.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. SMOKING includes the use of an electric smoking device which creates an aerosol of vapor, in any manner or in any form, or the use of any oral smoking device for the purposes of circumventing the prohibition of smoking in this subchapter.
SPORTS ARENA. Any sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
THEATER. Any enclosed facility, open to the public, which is primarily used for or designated for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Ord. 2008-12G, passed 12-15-08; Am. Ord. 2019-9B, passed 9-11-19)