For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. An establishment that 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 those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets.
BUSINESS. A sole proprietorship, partnership, joint venture, corporation or other business 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 or other professional services are delivered.
CIGARETTE VENDING MACHINE. Any self-service device which, upon insertion of coin(s), paper currency, token(s), card(s) or key(s) or any other item(s) dispenses one or more cigarettes, as defined above; provided that, the term shall neither be deemed to include any machine that is in storage, in transit or otherwise not set up for use and operation, nor be deemed to include any machine that is situated on a train, bus or other public conveyance.
COMEDY CLUB. An establishment that is primarily used for live comedic entertainment.
EMPLOYEE. A 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. A person, business, partnership, association, corporation, including 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 bounded on at least two sides by walls, doorways or windows, whether open or closed. A “wall” includes any retractable divider, garage door or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
HEALTH CARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories and 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.
PARK. Includes neighborhood/community/large urban/natural area and green ways/sports complex parks that are the basic unit of a park system and are recreational and social centers for those living in the nearby service area or from several neighborhoods and possibly may serve a broader community- based recreation need. PARKS include areas that preserve unique landscapes and open spaces and include features that emphasize harmony with the natural environment. PARKS include areas that accommodate group activities and recreational facilities, consolidated programmed athletic fields and their associated facilities.
PLACE OF EMPLOYMENT. An area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care, adult day care or health care facility.
PRIVATE CLUB. An organization, whether incorporated or not, which:
(1) Is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times;
(2) Is operated solely for a fraternal purpose, but not for pecuniary gain;
(3) Only sells alcoholic beverages incidental to its operation;
(4) Conducts its affairs and management through a board of directors, executive committee or similar body chosen by the members at an annual meeting;
(5) Has established bylaws or a constitution to govern its activities; and
(6) Has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
PUBLIC PLACE. An enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private residence is not a PUBLIC PLACE unless it is used as a child care, adult day care or health care facility.
RESTAURANT. An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands and private and public school cafeterias, which 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. The term RESTAURANT shall include a bar area within the restaurant.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products, smoking implements or smoking accessories for on-premises consumption and in which the sale of other products is merely incidental, which shall include, but not be limited to, hookah lounges, cigar bars and humidors. In this definition, “primarily” means that the sale of tobacco products, smoking implements or smoking accessories shall be at least 65% of the total sales revenues.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKE. The gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. SMOKE does not mean the combustion of material solely for olfactory purposes that does not contain any tobacco or nicotine.
SMOKING. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, including electronic cigarette, pipe or any other lighted or heated tobacco, nicotine or plant product intended for inhalation, in any manner or in any form, including vaping.
SPORTS ARENA. Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events.
(Ord. 2017-05, passed 4-4-2017)