For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any establishment used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including, but not limited to, taverns, nightclubs and cocktail lounges.
E-CIGARETTE. Includes, but not limited to e-cig, e-cigarette, personal vaporizer (PV) and electronic nicotine delivery system (ENDS).
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
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.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.
PRIVATE CLUB. A facility:
(1) Owned or operated by an association or corporation which shall:
(a) Not be operated for pecuniary gain; and
(b) Consists of a membership:
1. Formed as a lodge, local chapter or corresponding unit of a fraternal order recognized on a national basis;
2. Comprised of persons who have served in the armed forces of the United States; or
3. Formed as a recognized, exclusive association of persons organized for a joint or common purpose for which application for membership, the payment of dues and self-governance by the membership are distinguishing characteristics.
(2) Where entry into and use of the facility is restricted to members and guests of members.
PUBLIC PLACE. Any enclosed area used by the general public, including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats and beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place.
RESTAURANT. Any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes sandwich stands and soda fountains. The term RESTAURANT shall include a bar area within the restaurant.
RETAIL TOBACCO STORE. Retail store utilized primarily for the sale of tobacco products and accessories for consumption on or off the premises in which the sale of other products is merely incidental. The retail tobacco store may provide food and/or beverages for consumption on the premises so long as the sales of food and beverages do not exceed 25% of the gross sales of the business and the owner agrees to provide an affidavit under oath by January 15 of each year for the previous year of its operation listing gross sales figures for the business and food and beverages with the town that, at its option, may verify the affidavit by inspections of accountant's sales figures.
SMOKE or SMOKING. The act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette or pipe of any kind.
THEATER. Any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(Ord. 31-2006, passed 10-9-2006; Ord. 01-2016, passed 1-11-2016; Ord. 26-2020, passed 10-26-2020)