For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCADE. A place of amusement, which contains four or more automatic amusement devices and is not licensed to serve alcoholic liquor.
BAR AREA. An enclosed 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. A restaurant may contain a bar which is not physically separated from the dining area. BAR AREA, therefore, shall also mean an area in a restaurant containing a bar which is not physically separated from the dining area, but is limited to, the area immediately adjacent to the bar adequate to accommodate persons either “seated” or standing at the bar. Tables around or near a bar will be considered as being part of a BAR AREA.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, limited liability company or other business entity formed for profit making purposes, including without limitation 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.
COFFEE SHOP. An establishment primarily engaged in the sale of coffee and tea products. A COFFEE SHOP has a limited menu which is not considered a meal, has little or no table service, sells products which are for consumption on or off premises and paid for at a cash register before the patrons eat. The sale of other food, beverages or merchandise at a COFFEE SHOP must be incidental to the sale of coffee and tea products.
EMPLOYEE. Any 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. Any person, business, partnership, association, corporation, including without limitation, 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 a ceiling, that is enclosed or semi-enclosed with:
(1) Solid walls or windows (exclusive of doorways); or
(2) Solid walls with half wall petitions and no windows (exclusive of doorways) which extend from the floor to the ceiling, without limitation to lobbies corridors.
ENCLOSED OR SEMI-ENCLOSED SPORTS ARENA OR RECREATIONAL AREA. Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink and other similar places where members of the general public assemble either to engage in physical exercise, or participate in athletic competition or recreational activity, to witness sports, cultural, recreational or other events.
HEALTH CARE FACILITY. Any office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including without limitation hospitals, rehabilitation hospitals, clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within HEALTH CARE FACILITIES.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer that employees frequent during the course of employment, including without limitation work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a childcare, adult day care, health care facility or home based business of any kind open to the public.
PRIVATE CLUB OR LODGE.
(1) Any not-for-profit association that:
(a) Has been in active and continuous existence for at least three years; and
(b) Has a membership roll of more than 50 bona fide members who pay membership dues on an annual or other periodic basis.
(2) For purposes of this section, “bona fide members” do not include members who pay membership dues at the time of an amusement produced, presented or conducted by the club or lodge or in conjunction with contracting for production, presentation or conduct of an amusement by the club, as a condition to entering the premises where the amusement is produced, presented or conducted.
PRIVATE FUNCTION. A gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement or dining where membership or specific invitation is a prerequisite to entry and where the event is not intended to be open to the public.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including without limitation banks, educational facilities, government buildings, health care facilities, laundromats, museums, public transportation facilities, reception areas, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private residence is not a PUBLIC PLACE unless it is used as a childcare, adult day care, health care facility or home based business of any kind open to the public.
RESTAURANT. Any eating establishment, including, without limitation, cafeterias, sandwich shops and private and public school cafeterias that 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. Any bar area on the premises shall be excluded from the term RESTAURANT; provided that, air from the area is not drawn in or across any non-smoking areas.
RETAIL 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 and where no one under 18 is permitted.
SECONDHAND SMOKE or INVOLUNTARY SMOKING. A mixture of the smoke given off by the burning ends of a cigarette, pipe, cigar, bidis and kreteks (sidestream smoke) and the smoke emitted at the mouthpiece and exhaled from the lungs of smokers (mainstream smoke).
SERVICE LINE. Any indoor line at 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. Any enclosed walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning or carrying any lighted, cigar, cigarette, pipe, weed, hookah or other lighted tobacco product in any matter or in any form.
(Ord. 07-O-1886, passed 3-21-2007)