For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD ESTABLISHMENT. Any establishment, however designated, engaged in the preparation or serving of food or beverages for consumption either on or off the premises, or anywhere consumption of food occurs on the premises. This term includes any establishment, however designated, that has an on-sale 3.2% malt liquor license, an on-sale intoxicating liquor license, an on-sale wine license and/or a strong beer liquor license issued by the state, the municipality within which it is located, or the county.
OTHER PERSON IN CHARGE. The agent of the proprietor authorized to provide administrative direction to, and general supervision of, the activities within a public place or place of work at any given time.
PLACE OF WORK. 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, but are not limited to, enclosed, indoor areas of an office, a factory, a hotel or motel (except rented sleeping rooms), a vehicle, a warehouse and other locations where services are performed under an employment relationship. Enclosed, indoor areas of a private club 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 such locations.
PROPRIETOR. The party who ultimately controls, governs or directs the activities within the public place or place of work, regardless of whether the party is owner or lessee of the public place or place of work. PROPRIETOR 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, arenas, auditoriums, bars, bowling alleys, bingo halls, commercial establishments, educational facilities other than public schools, as defined in M.S. § 120A.05, Subd. 9, 11 and 13, as they may be amended from time to time, hospitals, offices and other commercial establishments, pool halls, public conveyances, restaurants, retail stores and common areas of rental apartment buildings. PUBLIC PLACE also means the outdoor dining or bar area of food establishments.
SMOKING. The inhaling, exhaling or combustion of any tobacco product, weed, plant, cannabis, nicotine liquid or aerosol, or any other similar article, including any cigar, cigarette, pipe or any other similar article. SMOKING includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted or activated, smoking equipment. SMOKING does not include the use of tobacco by an enrolled member of a federally-recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony. This definition applies to the entire city code.
(2004 Code, § 113.21) (Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007; Ord. 23-842, passed 9-26-2023)