For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
AUDITORIUM. The part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways or lobbies adjacent thereto.
BAR. Any indoor area that is operated and licensed under C.R.S. Title 44, Art. 3, primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.
CIGAR-TOBACCO BAR. A bar that, in the calendar year ending 12-31-2005, generated at least 5% or more of its total annual gross income or $50,000 in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after 12-31-2005, a bar that fails to generate at least 5% of its total annual gross income or $50,000 in annual sales from the one-site sale of tobacco products and the rental of on-site humidors shall not be defined as a CIGAR-TOBACCO BAR and shall not thereafter be included in the definition regardless of sales figures.
EMPLOYEE.
(1) Any person who:
(a) Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or
(b) Provides uncompensated work or services to a business or non-profit entity.
(2) EMPLOYEE includes every person described herein regardless of whether such person is referred to as an employee, contractor, independent contractor or volunteer or by any other designation or title.
EMPLOYER. Any person, partnership, association, corporation or non-profit entity that employs one or more persons. EMPLOYER includes, without limitation, the legislative, executive and judicial branches of state government; any county, city and county, city or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission or agency; or any other separate corporate instrumentality or unit of state or local government.
ENTRYWAY. The outside of the front or main doorway leading into a building or facility that is not exempted in § 93.04 of this chapter. ENTRYWAY also includes the area of public or private property within a specified radius outside of the doorway. The specified radius shall be five feet.
ENVIRONMENTAL TOBACCO SMOKE, ETS or SECONDHAND SMOKE. The complex mixture formed from the escaping smoke or a burning tobacco product and smoke exhaled by the smoker.
FOOD SERVICE ESTABLISHMENT. Any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafés.
INDOOR AREA. Any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an INDOOR AREA into an outdoor area.
PLACE OF EMPLOYMENT. Any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.
PUBLIC BUILDING. Any building owned or operated by:
(1) The state, including the legislative, executive and judicial branches of state government;
(2) Any county, city and county, city or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission or an agency; or
(3) Any other separate corporate instrumentality or unit of state or local government.
PUBLIC MEETING. Any meeting open to the public pursuant to C.R.S. Title 24, Art. 6, part 4, or any other law.
SMOKE-FREE WORKING AREA. An indoor area in a place of employment where smoking is prohibited under this chapter.
SMOKING. The burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco.
TOBACCO. Cigarettes, cigars, cheroots, stogies and periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe or otherwise, or both for chewing and smoking. TOBACCO also includes cloves and any other plant matter or product that is packaged for smoking.
TOBACCO BUSINESS. A sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.
WORK AREA. An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of his, her or their employer.
(Ord. 2, Series 2006, passed 8-7-2006)