For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHTRAY. Any item intended to be used on the premises of a public building or an establishment in a public building for the collection of ashes, butts, or residue from smoking.
BUILDING. Any structure enclosed from the weather, whether or not windows or doors are open, which is closed in overhead by a roof or other covering of any material, whether permanent or temporary, and has more than 50% of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary. If an establishment leases or possesses only a portion of a building, the term BUILDING applies to the leasehold or possessory interest. The term BUILDING does not include outdoor open air patio areas.
DRINKING ESTABLISHMENT. Either of the following:
(1) Establishments licensed to operate under KRS Chapters 241 to 244, and to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18; or
(2) An enclosed area within an establishment in which:
(a) Its operation is pursuant to a license issued under the KRS Chapters 241 to 244;
(b) It is a physically connected or directly adjacent enclosed area which is separate from the remainder of the establishment in a public building, has a separate air system, and has a separate entrance; and
(c) Access is denied to any person under the age of 18 and does not employ any individual under the age of 18.
DWELLING. Any place used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a hotel or motel room or suite or a hospital, hospice or nursing home room, but not a hotel, motel, hospital, hospice or nursing home lobby, common elevator, common hallway or other common area.
EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who volunteers their service.
EMPLOYER. A person, business, partnership, association, corporation, trust or non-profit entity that employs the services of one or more individual persons.
ENCLOSED AREA. An area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.
ESTABLISHMENT. An entity, endeavor or organization, including its owners, operators, directors, shareholders, partners, employees and possessions.
PLACE OF EMPLOYMENT. A building or establishment in a building under the control of a public or private employer that employees normally frequent during course of employment, but not a dwelling unless used as a licensed childcare, adult day care, or health care facility.
PRIVATE CLUB. An organization, whether incorporated or not, which:
(1) Is the owner, lessee, or occupant of a building or establishment in a building used exclusively for club purposes at all times;
(2) Which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain;
(3) The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting;
(4) Has established bylaws and/or a constitution to govern its activities; and
(5) Has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
PUBLIC BUILDING. A building to which the public is invited or in which the public is permitted, including a private club when being used for a function to which the general public is invited, but not a dwelling unless used as a licensed childcare, adult day care, or health care facility.
SMOKE or SMOKING. The act of inhaling, exhaling, or carrying any lighted or heated cigarette, cigar, pipe, or other combustible tobacco product.
(Ord. 451.15, passed 12-21-10)