1870.01  DEFINITIONS.
   For purposes of this chapter:
   (a)   "Business" means a sole proprietorship, partnership, association, joint venture, corporation, or any limited liability form of any of the foregoing, or any other entity formed for profit-making purposes, including 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.
   (b)   "Electronic nicotine delivery system" means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, hookah pens, vapes or vaporizers.
   (c)   "Employee" means 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.
   (d)   "Employer" means 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.
   (e)   "Enclosed area" means 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 appropriate openings for ingress and egress.
   (f)   "Outdoor patio" means an outdoor area, open to the air at all times, that is either enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or has no roof or other overhead covering at all regardless of the number of walls or other side coverings.
   (g)   "Place of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to, private offices, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways, hallways, factories, warehouses, garages, laboratories, taxies, limousines, and company-owned vehicles used for a business purpose. 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 person providing the services is providing housecleaning, home maintenance or personal care services in the private residence.
   (h)   "Proprietor" means the owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment.
   (i)   "Public place" means an enclosed area to which the public is invited or in which the public is permitted, and includes service lines. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.
   (j)   "Retail tobacco store" means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or bar.
   (k)   "Retail vapor store" means a retail store used primarily for the sale of electronic nicotine delivery systems. "Retail vapor store" does not include an electronic nicotine delivery systems department of a larger commercial establishment such as a department store, discount store, or bar.
   (l)   "Service line" means 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.
   (m)   "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other smoking equipment in any manner or in any form. Smoking also includes the use of any electronic nicotine delivery systems. "Smoking" does not include the burning or carrying of incense in a religious ceremony.
   (n)   "Smoking materials" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
   (o)   "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work function.
(Ord. 05-40.  Passed 9-6-05; Ord. 18-22A.  Passed 8-20-18.)