For the purpose of this chapter, the following definitions shall apply.
BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests and patrons on the premises and in which the serving of food is either not done or is only incidental to the consumption of those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, whether for-profit or not-for-profit, or any other business entity within unincorporated Lake County, including but not limited to retail businesses and service businesses where goods or services are sold to the public; and professional corporations, partnerships, or other business entities wherein legal, medical, dental, engineering, architectural, or other professional services are provided. A BUSINESS shall include a private club, as defined in this section, and any government entity subject to county ordinances.
ELECTRONIC CIGARETTE. 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. ELECTRONIC CIGARETTE includes any such product, 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.
EMPLOYER. Any person, business, partnership, association, corporation, trust, or non-profit entity that employs the services of one or more individual persons.
ENCLOSED AREA. All space in any structure, or portion thereof, located between a floor and ceiling that is enclosed on all sides by walls, windows, doorways, or combinations thereof that extend from the floor to the ceiling.
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, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within HEALTH CARE FACILITIES.
PLACE OF EMPLOYMENT. Any enclosed area of a business within unincorporated Lake County where one or more employees are required or permitted by an employer to work in the course of their employment, including without limitation the generality of the foregoing work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, employee lounges, stairs, elevators, hallways, and restrooms. A PLACE OF EMPLOYMENT shall include enclosed areas of a private club.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation.
PUBLIC ENTRANCE. Every doorway or other entrance to a public place or a place of employment.
PUBLIC PLACE. Any enclosed area in a building or structure within unincorporated Lake County which members of the public are invited or permitted to visit or use, including lobbies, hallways, stairways, elevators, and other common enclosed areas of businesses or apartment buildings, condominiums, cooperatives, congregate housing, and other multiple-unit residential structures, including without limitation the following:
(1) Arcades;
(2) Aquariums, galleries, libraries, and museums;
(3) Bars;
(4) Bingo facilities;
(5) Bowling alleys;
(6) Convention facilities;
(7) Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges and universities;
(8) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;
(9) Gaming facilities;
(10) Vehicles owned, leased, or operated by the county for county business;
(11) Grocery stores;
(12) Health care facilities, adult care facilities, and nursing homes;
(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, and enclosed common areas in trailer parks;
(14) Polling places;
(15) Private clubs;
(16) Public elevators and all retail stores where merchandise is displayed and offered for sale;
(17) Public conveyances and transportation facilities, including without limitation buses, trains, taxicabs, and limousines as well as enclosed areas for ticketing, boarding, and waiting areas at public transit stations;
(18) Restaurants, including a bar attached to or within a restaurant;
(19) Restrooms, lobbies, reception areas, hallways, and other enclosed common-use areas;
(20) Rooms, chambers, places of meeting or public assembly, including without limitation school buildings, under the control of an agency, board, commission, committee or council;
(21) Service lines;
(22) Shopping malls; and
(23) Sports arenas, gymnasiums, or recreational areas, including without limitation enclosed areas within outdoor arenas.
RESTAURANT. An eating establishment, including but not limited to coffee or sandwich shops, cafeterias, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term RESTAURANT shall include a bar attached to or within the RESTAURANT.
RETAIL TOBACCO STORE. A retail establishment within unincorporated Lake County that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, electronic cigarettes, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE includes an enclosed workplace that manufactures, imports, or distributes tobacco, electronic cigarettes, or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product or electronic cigarette for the eventual retail sale of that tobacco, electronic cigarette, or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products or electronic cigarettes to consumers, retail establishments, or other wholesale establishments as part of its business. RETAIL TOBACCO STORE does not include a tobacco or electronic cigarette department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.
SERVICE LINE. An indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
SMOKE or SMOKING. The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. SMOKE or SMOKING includes the use of an electronic cigarette. SMOKE or SMOKING does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
SPORTS ARENA. A sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, 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.
TOBACCO. Any item, product, or substance containing tobacco leaf, including specifically but without limitation cigarettes, cigars, snuff, and pipe, chewing, or dipping tobacco.
(1977 Code, § 1:4-5A) (Ord. passed 5-8-2007; Ord. 23-1563, passed 11-14-2023)