For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Bar. For a July 1 to June 30 period, a place that was devoted to the serving of alcoholic beverages for on-site consumption by patrons and where the service of food was only incidental to the consumption of such beverages during the previous July 1 to June 30 period, whether or not the place was open for business during that entire period. When the preceding sentence does not apply to a place because it was not open for business in the previous July 1 to June 30 period, the place may choose to be a bar from the date it first opens for business until the next June 30 if, during that time, the place is devoted to the serving of alcoholic beverages for on-site consumption by patrons and the service of food in the place is only incidental to the consumption of such beverages. “Incidental” means less than one third of gross sales of alcoholic beverages as opposed to food sales.
Building. A structure with at least three walls.
Bus Stop. Any place where the department of transportation services has directed the placement of a bus stop sign designating a location where the city’s bus service stops to service passengers. Such sign may include route numbers and regulatory and other information.
Commercial Building. A building occupied by two or more commercial tenants.
Electronic Smoking Device. Any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately.
Food Court. An area with more than one restaurant and seating that is not subject to the exclusive use or possession of any restaurant, but is made available to the patrons of every restaurant in or other tenant of the area. The definition of food court under § 42-3.5 shall not apply to this article.
Food Court Seating Area. The portion of a food court with unreserved seating for patrons of any restaurant or other tenant of the food court. An “enclosed or partially enclosed food court” means a food court that is within an “enclosed or partially enclosed area” as defined under § 41-14.2(10).
Hotel. Has the same meaning as defined in § 21-10.1.
Multi-Family Dwelling. Has the same meaning as defined in § 21-10.1.
Open to the Public. Areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities.
Public Park. Any park, park roadway, playground, athletic field, beach, beach right-of-way, tennis court, swimming pool, or other recreation area or facility under the control, maintenance, and management of the department of parks and recreation. Public park does not include a public thoroughfare defined as a “mall” under § 13-1.1 unless the public thoroughfare has been:
(1) Accepted, dedicated, or named by the council expressly as a public park or “park”;
(2) Placed under the control, maintenance, and management of and classified expressly as a public park or “park” by the department of parks and recreation; or
(3) Constructed or situated within a larger specific recreation area or facility listed in the preceding sentence.
Public Place. Has the same meaning as defined in § 13-1.1.
Restaurant. Any retail eating establishment where food is served or provided for on-site consumption by seated patrons that is authorized by the State department of health to operate as a food establishment, including any private food establishment or club in which only members or their guests are permitted, but excluding a “bar.” If a restaurant includes an area devoted to the serving of alcoholic beverages, that area shall be deemed part of the restaurant, not a separate “bar,” for this article. An establishment that is a restaurant shall have that status for all hours of operation.
Retail Department Store. A retail establishment organized or arranged into five or more departments and consisting of a total selling floor space of at least 22,000 square feet.
Separate Open Air Area of a Restaurant. An area, roofed or not, of a restaurant’s premises that is both:
(1) Directly exposed to the outside environment on every side, except a side abutting:
(A) An indoor area of the restaurant;
(B) Any building that does not house the restaurant; or
(C) Any other enclosed or partially enclosed place or area where smoking is prohibited by this article or HRS Chapter 328J; and
(2) Entirely separated from any abutting area, building, or place listed under subdivision (1) by either of the following:
(A) At least 10 feet of space that is outside the walls of the building housing the restaurant; or
(B) A solid wall: (i) without any opening; or (ii) with either or both of the following, but no other opening: a closable doorway that stays closed except when a person passes through it or a closable serving window that stays closed except when food, drink, or eating ware is passed through it. A “solid wall” means a wall constructed of rigid material that reaches from floor to ceiling. It may have an unopenable plate glass window. A “serving window” means a window through which food, drink, or eating ware may be passed from one area of a restaurant to another area of the restaurant.
A side of a restaurant area is “directly exposed to the outside environment” if the entire side is unenclosed or enclosed only by a barrier of not more than 4 feet high from the floor. An “indoor area of a restaurant” means the area within the walls of the building housing all or part of a restaurant’s premises.
Smoke or Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. Smoking includes the use of an electronic smoking device.
Tobacco Product. Any product made or derived from tobacco, that contains nicotine or other substances, 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, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. Tobacco product does not include any product specifically approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product that is being marketed and sold solely for that approved purpose.
(Sec. 13-42.1, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 41, Art. 21, § 41-21.1) (Am. Ords. 93-24, 93-68, 97-20, 02-06, 13-27, 13-28, 17-53)