As used in this chapter
(a) "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages. An establishment which would usually be defined as an "eating establishment" under division (b) of this section may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a "bar."
(b) "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain or any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(d) "Employer" means any person who employs the services of an individual person or any person in charge of a place of employment. Such term excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(e) "Enclosed indoor area" means an area closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.
(f) "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(g) "Grocery store" means any supermarket, convenience store or other retail food production and marketing establishment.
(h) "Health-care facility" means any laboratory associated with the rendition of health care treatment, any hospital, rest home, nursing home, doctors' office, dentists' office or other establishment involved in the provision of health care.
(i) "Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of any establishment, but excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to such establishment.
(j) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(k) "Place of employment" means that portion of an enclosed, indoor area under the control of a public or private employer, which portion employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(l) "Polling place" means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted.
(m) "Proprietor" means the owner, manager, operator or other person in charge of a public place. "Proprietor" excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(n) "Public place" means that portion of an enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted.
(o) "Retail tobacco store" means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger retail store such as a department or discount store.
(p) "Service line" means an indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such services involve the exchange of money.
(q) "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is or is not permitted and to provide related information. The international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) may be used in, or substituted for, a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to a person of normal vision throughout the area it is intended to mark.
(r) "Smoking material" means a cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(s) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(t) "Work area" means a room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(Ord. 57-87. Passed 9-8-1987; Ord. 23-2022. Passed 9- 19-22.)