For purposes of this chapter:
BUSINESS. A sole proprietorship, partnership, association, joint venture, corporation, or any limited liability form of any of the foregoing, or any other entity formed for any legal purpose, whether for profit, not for profit or charitable purposes, including, but not limited to retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, or other professional or consumer services are provided.
EMPLOYEE. A person who is employed by an employer, or who contracts with an employer or who contracts with a third person to perform services for an employer, or who otherwise performs services for an employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation.
EMPLOYER. An individual person, business, partnership, association, corporation, including a municipal corporation, trust, or any non-profit entity that accepts the provision of services from one or more employees in a place of employment.
ENCLOSED AREA. All space closed in by a roof or other overhead covering of any kind and walls or other side coverings of any kind on at least three sides with openings for ingress and egress. ENCLOSED AREA shall not include designated smoking shelters provided by an employer when such shelters are located more than ten feet from any point of ingress, egress, ventilation system operable window or other opening which could provide a means for smoke to enter into the place of employment or public place.
OUTDOOR PATIO. An outdoor area, open to the air at all times, that is either:
(1) Enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or
(2) Has no roof or other overhead covering at all regardless of the number of walls or other side coverings.
PLACE OF EMPLOYMENT. That portion of any enclosed, public place under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, such areas in office work places, factories, warehouses and laboratories. An enclosed area as described herein is a place of employment without regard to time of day or actual presence of employees. PLACE OF EMPLOYMENT only includes private residences, whether single or multi-family, if used as a child care, adult day care, or health care facility, or if a person uses a private residence in any way otherwise qualifying that person as an employer with respect to the use of that private residence; provided, however, that private residences are exempt from this chapter to the extent that the services being provided include housecleaning, home maintenance, cable or telephone repair, personal care services, domestic services, or food and beverage services in the private residence. Persons utilizing a private residence in a home occupation wherein no employees are present or in which employees are present infrequently are not a place of employment, provided that no employee shall be required to enter into the private residence within 15 minutes of a person smoking.
PRIVATE CLUB. A club as that term is defined in R.C. § 4301.01(B)(13) and that is organized as not for profit.
PROPRIETOR. The owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment.
PUBLIC PLACE. An enclosed area to which the public is invited or in which the public is permitted and includes service lines.
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.
SMOKE or SMOKING. Inhaling, exhaling or carrying any lighted and/or burning smoking materials. SMOKING does not include the burning or carrying of incense in a religious ceremony or the use of matches or lighters for nonsmoking purposes. Smoke shall also mean the by product of the burning of any smoking materials.
SMOKER. A person or persons smoking.
SMOKING MATERIALS. Any cigar, cigarette, pipe, weed, plant or other organic substance grown, manufactured or processed which is intended to be used for smoking in any form. SMOKING MATERIALS do not include candles, incense or other similar items.
RETAIL TOBACCO STORE. A retail store used primarily for the sale of smoking materials and smoking accessories in which the sale of other products is incidental and where smoking is permitted within the public place. RETAIL TOBACCO STORE does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or bar or retail stores used primarily for the sale of smoking materials where no provisions for smoking within the public place are provided or permitted.
WORK AREA. Any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work function.
(Ord. O-2035-04, passed 2-28-05)