For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a BAR, the term BAR shall not include the restaurant dining area.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities under which legal, medical, dental, engineering, architectural or other professional services are delivered.
CITY OF LIVINGSTON. Includes all entities of which the City Council of the City of Livingston is the governing body.
DINING AREA. Any enclosed area containing a counter or tables upon which meals are served.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
EMPLOYER. Any person who employs the services of an individual person.
NONPROFIT ENTITY. Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a NONPROFIT ENTITY within the meaning of this definition.
PERSON. Any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club or other organization of any kind except the City of Livingston or any other public agency.
PLACE OF EMPLOYMENT. Any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to:
1. Work areas;
2. Conference rooms and classrooms;
3. Employee cafeterias;
4. Employee lounges and restrooms; and
5. Hallways.
PUBLIC PLACE. Any enclosed area, not a private residence, to which the public is invited or in which the public is permitted, including, but not limited to:
1. Banks;
2. Childcare facilities;
3. Educational facilities;
4. Healthcare facilities;
5. Public transportation facilities;
6. Recreation areas;
7. Restaurants;
8. Retail stores;
9. Retail service establishments;
10. Retail food production and marketing establishments; and
11. Waiting rooms.
RESTAURANT. Any restaurant, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private school cafeteria, public school cafeteria when used for nonschool functions, dining area, service line or eating establishment, any other eating establishment, organization, club, including veterans’ club, boarding house or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere including catering functions except that the term RESTAURANT shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in this section.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service involves the exchange of money.
SMOKING. Lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or other ignited combustible substance in any manner or in any form.
TOBACCO STORE. Any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
WORK AREA or WORKPLACE. Any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.
(Ord. 439, passed 1-17-1995)