For the purpose of this subchapter, 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. Any business entity of all kinds and description formed or operated for profit-making purposes.
E-CIGARETTE. means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
EMPLOYEE. Any person who is employed by any employer in the consideration for direct or indirect monetary wages or salary and any person who volunteers his or her services for an employer.
EMPLOYER. Any person or entity which employs the services of one or more individual person.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by walls or windows, whether or not same have doors or passage areas, which extend from the floor to the ceiling, but including also all space therein screened by partitions which do not extend to the ceiling or are not solid.
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 health care providers of all kinds, and shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health care facilities.
PLACE OF EMPLOYMENT. Any enclosed 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 and meeting rooms, class rooms, employee cafeterias, hallways, together with the interior of any employer-owned vehicle. 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 which 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 fact that a so-called member of an organization which has styled itself a private club is required to pay an entrance fee each time the member seeks to gain entrance shall be deemed to be conclusive evidence that the organization is not a PRIVATE CLUB; that fact, however, shall not be deemed to be the sole criteria to be utilized in assessing whether an organization is a true PRIVATE CLUB under this definition. In order to qualify as a PRIVATE CLUB, the organization shall have been granted an exemption from the payment of federal income taxes as a club under the provisions of 26 U.S.C. § 501.
PRIVATE FUNCTION. A function as to which no entrance fee is charged, no tickets are sold, and no public announcements are made inviting attendance by the public.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted including but not limited to such areas in banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing/grocery establishments, retail service establishments, retail stores, theaters and facility used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other performance, bingo halls, gaming facilities, and waiting rooms. A private residence is not a PUBLIC PLACE.
RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving or consumption elsewhere, including catering facilities, except that the term RESTAURANT shall not include a cocktail lounge or tavern if same is a “bar” as above defined.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SHOPPING MALL or FLEA MARKETS. An enclosed walkway or hall area that serves to connect retail or professional establishments or booths.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product, intended for the inhalation into or through the mouth in any manner or in any form of the smoke or other vapor produced by same. SMOKING also includes the use of an e-cigarette which creates a vapor in any manner or form or the use of any other device intended for the inhalation into or through the mouth of such vapor, or tobacco or other plant product smoke.
SPORTS ARENA. Sports pavilions, 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 sporting events.
(Ord. 14-24, passed 9-9-14)