For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any establishment used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including but not limited to taverns, nightclubs and cocktail lounges.
ENCLOSED AREA. All space between floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways which extend from the floor to the ceiling.
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 or other clinics, including weight-control clinics, nursing homes, or homes for the aging or chronically ill.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, private offices, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias, and hallways.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times; which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain; and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
PUBLIC PLACE. Any enclosed area used by the general public, including but not limited to retail stores and financial institutions, department stores, banks, laundromats, beauty and barber shops, retail food production and marketing establishments, retail service establishments and other commercial establishments, regardless of whether a fee is charged for admission to the place.
RESTAURANT. Any establishment used as, or held out to the public as, having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes, sandwich stands and soda fountains. The term RESTAURANT shall include a bar area within the restaurant.
RETAIL TOBACCO SHOP. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retail stores where food or beverages are sold for consumption on the premises, or where an area has been set aside on the premises for customers to consume food or beverages.
SERVICE LINE. An indoor line in which one or more persons are waiting for or receiving services of any kind, whether or not the service involves the exchange of money.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKE or SMOKING. The act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, pipe of any kind or electronic nicotine devices.
SPORTS ARENA. Sports pavilions, stadiums, 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, participate in athletic competition, or witness sports or other events.
THEATRE. Any enclosed facility open to the public which is primarily used for, or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Ord. 2010-03, passed 9-27-10)