For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BUSINESS." A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"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 for a non-profit entity.
"EMPLOYER." A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
"ENCLOSED AREA." All space between a 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, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
"PRIVATE CLUB." A facility owned or operated by an association or corporation, which shall:
(1) Not be operated for pecuniary gain; and
(2) Registered under Indiana law; and
(3) Determined by the Internal Revenue Service to be operating under not-for profit status; and
(4) Consist of a membership;
(a) Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or
(b) Comprised of persons who have served in the armed forces of the United States of America; or
(c) Formed as a recognized, exclusive association of person organized for a joint or common purpose for which application for membership, the payment of dues, and self-governance by the membership are distinguishing characteristics, and, where entry into, and use of the facility, is restricted to members and guests of members.
"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. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.
"PUBLIC PLACE." An enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "PUBLIC PLACE" unless it is used as a child care, adult day care, or health care facility.
"RESTAURANT." An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
"RETAIL TOBACCO STORE." A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
"SERVICE LINE." An indoor line in which one or more persons are waiting for or receiving service 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.
"SMOKING." Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.
"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.
(Ord. 2005-23, passed 5-16-06)