For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) BUSINESS. A sole proprietorship, partnership, joint venture, corporation or other business entity, either for-profit or not-for-profit, including, but not limited to, retail establishments where goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural or other professional services are delivered.
(B) EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services.
(C) EMPLOYER. A person, business, association, municipal corporation, trust or nonprofit entity that employs the services of one or more individual employees.
(D) ENCLOSED AREA. All space closed in by a roof, ceiling or other overhead covering of any material, and walls or other side coverings of any material on at least two sides with appropriate openings for ingress and egress.
(E) 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, 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. The term HEALTH CARE FACILITY shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within HEALTH CARE FACILITIES.
(F) PLACE OF EMPLOYMENT. An area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways and vehicles.
(G) PUBLIC PLACE. An enclosed area, whether owned publicly or privately, to which the public is invited or in which the public is permitted.
(H) RETAIL TOBACCO STORE.
(1) A retail store:
(a) Utilized primarily for the sale of tobacco and tobacco-related products, including, but not limited to, cigarettes, cigars, tobacco, pipes, cigarette paper and lighters;
(b) That is not licensed for the consumption of meals or alcoholic beverages on the premises or operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and
(c) In which the sale of tobacco and tobacco-related products accounts for not less than 66% of the store’s gross sales.
(2) RETAIL TOBACCO STORE does not include a tobacco department of a larger commercial establishment such as a grocery store, department store or discount store.
(I) SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
(J) SMOKING. The carrying or holding of a lighted cigarette, cigar, pipe or any other lighted smoking equipment, or the inhalation or exhalation of smoke from any lighted smoking equipment. SMOKING does not include the burning of incense.
(K) SPORTS ARENA. Sports pavilions, stadiums, athletic fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble to engage in physical exercise or recreation, participate in athletic competition or witness sports or other events.
(L) TOBACCO BAR. A business that:
(1) Offers alcoholic beverages for sale to customers for consumption on the licensed premises pursuant to a Type 210 retailer permit issued by the Indiana Alcohol and Tobacco Commission;
(2) Does not admit customers or hire employees who are less than 21 years old; and/or
(3) Generated 10% or more of its total annual gross income from the on-site sale of tobacco products in the preceding calendar year.
(Ord. 12, 2006, passed 6-5-2006)