(a) “Criminal conviction” shall mean any misdemeanor or felony offenses for which less than seven (7) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.
(b) “Influential interest” shall mean any of the following:
(1) Actual power to operate or control the operation, management, or policies of a current or prospective business; including the manager of the prospective business, or
(2) Ownership of a financial interest in the business, or ownership of an interest that is ten percent (10%) or more of the total interest of a current or prospective business, including such business entities as a firm, partnership, limited partnership, association, limited liability company, or corporation; or
(3) Holding an office, such as, e.g., president, vice president, secretary, treasurer, managing member, managing director, etc., in a legal entity which operates a current or prospective business.
(c) “Late night/after hours nightclub/bar establishment” shall mean any bar or night club, operating with a valid liquor permit, for the purposes of providing entertainment, alcohol, food, tobacco or hookah to the general public that is open for operation between the hours of 2:30 a.m. and 5:30 a.m. Sale of alcohol is not permitted between the hours of 2:30 a.m. and 5:30 a.m. During the time of 2:30 a.m and 5:30 a.m., law enforcement retains the right to close the establishment down for public safety.
(d) “Minor” shall mean any person under eighteen (18) years of age.
(e) “Police officer” shall mean a commissioned police officer appointed by a law enforcement agency and/or municipality with jurisdiction to perform in an official capacity at the establishment, who is hired by the establishment, off duty, for the purposes of providing police presence and whose primary duty is to protect persons or property or both. Police officers assigned to the establishment will be paid at an hourly rate, by check, money order or other electronic funds transfer for which a record of the pay can be maintained, predetermined by the Chief of Police and will be paid for a minimum of four hours if the officer arrives to the establishment for duty. If the establishment closes or fails to open or the officer is not needed for any other unforeseen circumstances, the establishment shall provide the assigned officer or Police supervisor with a minimum of one hour notice. If the establishment fails to provide adequate notice, the assigned officer will be paid a four hour minimum pay at the predetermined pay rate. Barring unforeseen circumstances, the days of the week Police officers are required for the establishment while it is open for operation, shall be determined and assigned at the discretion of the Chief of Police.
(f) “Premises” shall mean the location for which a smoking lounge establishment operates as exempted under State law Chapter 3794 from the Smoking Ban and includes the land, and all improvements located thereon, including the primary building and all accessory and out-buildings, and is not limited to the smoking area.
(g) “Security officer” shall mean a person engaged for hire as a watchman, guard, private policeman hired by the establishment whose primary duty is to protect persons or property or both.
(h) “Smoking Lounge” shall mean an establishment, which is exempted under State law Chapter 3794 from the Smoking Ban, and that allows smoking of tobacco products or non-tobacco products or substances on the premises. The term "smoking lounge" includes, but is not limited to, facilities commonly described as tobacco retail specialty stores, cigar bars and lounges, hookah cafés and lounges, tobacco bars and lounges, tobacco clubs or 0% nicotine establishments.
(i) “State” shall mean the state of Ohio.
(j) Any term not explicitly defined herein shall be construed as defined under any applicable section of the Ohio Revised Code.
(Ord. 2014-09. Passed 3-4-14; Ord. 2017-17. Passed 4-10-17; Ord. 2018-21. Passed 4-3-18.)