For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARENA. Ballparks, 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 such as music concerts, plays or public performances.
BUSINESS. A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
ELECTRONIC SMOKING DEVICE. An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE 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.
ELECTRONIC SMOKING DEVICE PARAPHERNALIA. A cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.
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 (1) or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid doors, walls and/or windows, which the combination of extend from the floor to the ceiling.
FREESTANDING BAR. An establishment within a building that is not a restaurant nor an attached bar, as those terms are defined herein, has a current distilled spirits and wine retail drink license, restaurant drink license, restaurant wine license or malt beverage license issued by the Commonwealth of Kentucky and City of Pikeville government and serves alcoholic beverages for consumption by guests/patrons within a totally enclosed area as defined herein.
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, semiprivate rooms, and wards within health care 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 and hallways. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a childcare, adult day care, or health care facility.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization 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, educational facilities, health care facilities, hotel and motel lobbies, laundromats, polling places, public transportation facilities and vehicles, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, sports arenas, theaters, service lines and waiting rooms. A private club is a PUBLIC PLACE when being used for a function to which the general public is invited. A private residence is not a PUBLIC PLACE unless it is used as a childcare, 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 except a free standing bar as defined herein where all employee, guest or patrons must be at least twenty-one (21) years of age to enter.
RETAIL TOBACCO STORE. Facilities that are owned or leased by tobacco manufacturers or wholesalers for the promotion, testing, research and/or development of tobacco products. For the purposes of this chapter, a tobacco manufacturer or wholesaler shall be an establishment that generates seventy-five percent (75%) or more of its total annual gross revenues from the sale of tobacco products. This would include newsstands, but does not include grocery stores, restaurants or drugstores.
SERVICE LINE. An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind or purchasing items, whether or not the service involves the exchange of money.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation product, in any manner or in any form.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2010-024, passed 11-8-10; Am. Ord. 0-2016-004, passed 3-28-16)