§ 40.16 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. Includes all city owned, operated, leased, maintained, or controlled buildings.
   EMPLOYER. Includes a person, business, partnership, association, and corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individuals.
   ENCLOSED. When used in reference to an area or building, or portion thereof, means closed in on all sides from floor to ceiling by solid walls, with or without windows and exclusive of doorways.
   ENCLOSED BUILDINGS. Include the below if city owned, operated, leased, maintained, or controlled, including, but not limited to:
      (1)   Areas available to and customarily used by the general public in businesses;
      (2)   Bars;
      (3)   Bingo facilities;
      (4)   Child care and adult care facilities;
      (5)   Convention facilities;
      (6)   Educational facilities, both public and private;
      (7)   Elevators;
      (8)   Gaming facilities;
      (9)   Healthcare facilities;
      (10)   Hotels and motels;
      (11)   Libraries;
      (12)   Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;
      (13)   Municipal governmental facilities, including buildings and vehicles;
      (14)   Polling places;
      (15)   Pool and billiard halls;
      (16)   Public transportation facilities, including buses and taxicabs, and ticket, boarding, and waiting areas of public transit depots;
      (17)   Restaurants;
      (18)   Restrooms, lobbies, reception areas, hallways, and other common-use areas;
      (19)   Retail establishments;
      (20)   Service lines;
      (21)   Shopping malls;
      (22)   Sports arenas; and
      (23)   Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
   PLACES OF EMPLOYMENT. An enclosed area that is city owned, operated, leased, maintained, or controlled where employees work or to which employees have access during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meetings rooms, classrooms, employee cafeterias, hallways, and vehicles.
   PRIVATE RESIDENCE. Not a “public place” unless used as a childcare, adult day care, or health care facility and is city owned, operated, leased, maintained, or controlled.
   SMOKING. Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.
(Ord. passed 6-1-2016)