For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Bar." Any establishment licensed by the Ohio Division of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages.
(b) "Eating Establishments." Any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) "Educational facilities." Any public or private institution providing formal education including day care centers.
(d) "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, 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.
(e) "Employer." An individual person that accepts the provision of services from one or more employees.
(f) "Enclosed Area." All space of a building and/or vehicle 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.
(g) "Establishment." Any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(h) "Health Care Facility." Any hospital, rest home, nursing home, doctors' or dentists' office, lab or other establishments involved in the provision of health care.
(i) "Lobbies and Waiting Areas." A hall, or waiting room at or near, but not limited to the entrance to a building, such as hotels, apartment houses or theaters.
(j) "No Smoking Sign." The international "NO-SMOKING" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), which shall be used for signs indicating that smoking is prohibited. The no-smoking sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(k) "Person." Any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(l) "Place of Employment." An enclosed area under the control of a public or private employer that employees use for work or any other purpose 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, taxis, 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.
(m) "Proprietor." The owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment.
(n) "Public." The general public is invited, permitted or has access to the site or event without regard to membership or association with a particular organization or group.
(o) "Public Place." An enclosed area to which the public is invited or in which the public is permitted and includes service lines.
(p) "Retail Tobacco Store." 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 or discount store. "Retail tobacco store" does not include any restaurant or any establishment with a liquor permit.
(q) "Smoking." Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other smoking equipment in any manner or in any form. "Smoking" does not include the burning or carrying of incense in a religious ceremony.
(r) "Smoking Materials." Any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(Ord. 22-2006. Passed 2-27-06.)