§ 138.03  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS AGENT.  An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of the establishment.
   BUSINESS LICENSE OFFICIAL.  The Town of Mount Pleasant Business License Official.
   CODE ENFORCER.  The designated Code Enforcer employee(s) of the Town of Mount Pleasant.
   ELECTRONIC SMOKING DEVICE. An electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, and includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor; however, it does not include any product specifically approved by the United States Food and Drug Administration for the use of the mitigation, treatment or prevention of disease.
   EMPLOYEE.  Any person who performs services for an employer in return for wages, profit or other valuable consideration.
   EMPLOYER.  Any person, partnership, association, corporation, trust, school, college, university or other educational institution, nonprofit entity or other organization, including any public or private employer that employs one or more persons.
   ENCLOSED.  A space bounded by walls (with or without windows) continuous from floor to ceiling and enclosed by doors, including but not limited to, offices, rooms, foyers, waiting areas and halls.
   ENVIRONMENTAL TOBACCO SMOKE (ETS) or SECONDHAND SMOKE.  The complex mixture formed from the escaping smoke of a burning tobacco product (termed as “side stream smoke”) and smoke exhaled by the smoker. Exposure to ETS is also frequently referred to as “passive smoking,” “secondhand smoking” or “involuntary smoking.”
   FIRE DEPARTMENT.  The Town of Mount Pleasant Fire Department.
   POLICE DEPARTMENT.  The Town of Mount Pleasant Police Department.
   PUBLIC BUILDING.  Any building owned, operated or leased by the town.
   RETAIL TOBACCO STORE.   Any establishment that is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of alcohol constitutes no more than 10% of gross revenue, and to which the entry of persons under the age of 18 is prohibited at all times.
   SMOKING.  The inhaling, exhaling, burning, lighting or carrying of a lighted cigarette, cigar, pipe, or similar device or any other lighted tobacco product. SMOKING also includes the use of any electronic smoking device or the use of any oral smoking device that generates smoke or which creates vapor, in any manner or in any form. It shall be a violation of this chapter to use an electronic smoking device in any place within the town where smoking of tobacco products is prohibited by law.
   SMOKING MATERIALS includes cigars, cigarettes and all other manner of smoking devices intended to be used for the purpose of inhaling, burning, carrying or exhaling lighted tobacco products.
   WORK SPACE or WORK SPACES.  Any enclosed area occupied by an employee during the course of his or her employment, including but not limited to: offices, customer service areas, common areas, hallways, waiting areas, restrooms, lounges and eating areas.
   WORKPLACE.  Any enclosed indoor area, structure, building, facility or any portion thereof at which one or more employee(s) perform services for their employer, including but not limited to: retail food stores, retail stores, restaurants, cabarets, cafes, public or private clubs, pool halls and bowling alleys.
(Ord. 07007,  passed 6-12-07; Am. Ord. 08071, passed 12-9-08; Am. Ord. 09035, passed 7-14-09; Am. Ord. 14090, passed 1-13-15; Am. Ord. 18017, passed 3-14-18)