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 smoking; products, 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, or 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.
PLACE OF EMPLOYMENT. An area under the control of a public or private employer, 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. Section 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 STORE. Any business establishment offering goods or services for sale or barter to the public.
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.
SMOKING. The use of any pipe, cigar, cigarette, electronic cigarette, electric cigarette, hookah, water pipe, or other device used to inhale powder, smoke, or vapor, regardless of the substance.
SMOKING PRODUCTS. Any pipe, cigar, cigarette, electronic cigarette, electric cigarette, hookah, water pipe, or other device used to inhale powder, smoke, or vapor, regardless of the substance; and smoking product shall mean any device used to inhale powder, smoke, or vapor, regardless of the substance.
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. 699, passed 7-10-2018)