For purposes of this chapter, the following terms shall have the following meanings:
   BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, entertainment facilities and cabarets.
   BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, association, limited liability partnership, limited liability company or other business entity, whether formed for profit or nonprofit purposes. "Business" includes a "club" as defined in this section.
   CLUB. A private not for profit association, corporation or other entity, which is the owner, lessee or occupant of a building or a portion of a building consisting of persons who are bona fide paying members and which owns, leases or uses a building or portion thereof, the use of which is restricted to members and their guests and is not open to the public and has no employees.
   EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.
   EMPLOYER. Any person, business, partnership, association, corporation, trust or nonprofit entity that employs 1 or more employees.
   ENCLOSED AREA. All space in any structure or building that is enclosed or partially enclosed on all sides by any combination of walls, windows or doorways, extending from floor to the ceiling, including, without limitation, lobbies and corridors.
   OPEN AIR DINING AREA. A seating or standing area open to the air that is accessory to a restaurant, bar, banquet facility, hotel, cafeteria, club or other enclosed public place engaged in purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food or beverage service.
   PLACE OF EMPLOYMENT. An area under the control of a public or private employer within the village that employees normally frequent during the course of employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, staircases, hallways, restrooms, medical facilities, clubs, and the interior of a vehicle of public conveyance. "Place of employment" does not include a private dwelling unit, unless the dwelling is also used as a daycare facility for children or adults or a healthcare facility.
   PUBLIC ENTRANCE. Every doorway or other entrance to a public place or place of employment.
   PUBLIC PLACE. That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Illinois or any other public entity. A "public place" includes, but is not limited to, hospitals, assisted living facilities, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, dormitory buildings, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including buildings and vehicles owned, leased or operated by the state, state subcontractor, or any other public entity, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, hotels, motels, resorts, inns, lodges, bed and breakfasts, or other similar public accommodation that are rented to guests. "Public place" shall also include the common or public areas (including, without limitation, lobbies, hallways, reception areas, public restrooms, elevators and staircases) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities and other multiple-family residential structures and the common or public areas in any public place.
   "Public place" shall not include a private dwelling unit, unless the dwelling is also used as a licensed childcare, adult care facility, healthcare facility, nursing, long term care or assisted living facility and shall not include a "club" as defined herein.
   RESTAURANT. An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands and private and public school cafeterias, that gives or offers for sale food to the public, guests or employees, and includes a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant.
   SMOKE or SMOKING. Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or in any form.
   VILLAGE. The village of Lindenhurst.
(Ord. 07-11-1656, passed 11-12-2007)