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 serves alcoholic beverages for consumption on the premises, by guests who must be at least 21 years of age to enter the premises, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. The establishment may also give, serve, or provide food to those guests, however, where there exists any part, portion, or area on the premises that allows for guests who are not at least 18 years of age to enter the premises, that establishment shall not fit the definition of a BAR.
BUSINESS. Any 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.
ELECTRONIC SMOKING DEVICE (ESD) or E-CIGARETTE. 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 substance, the use or inhalation of which simulates smoking. These terms shall include such devices, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or other descriptor.
EMPLOYEE. Any person who is employed by any employer for direct or indirect monetary wages or profit, including those employed full-time, part-time, on a temporary basis, or by contract through a third party. A person who volunteers his or her services for a non-profit entity shall also be considered an employee for purposes of this chapter.
EMPLOYER. Any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
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. 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. A facility owned or operated by an association or corporation, which shall:
(1) Not be operated for pecuniary gain; and
(2) Registered under Indiana law; and
(3) Determined by the Internal Revenue Service to be operating under not-for-profit status; and
(4) Consist of a membership:
(a) Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or
(b) Comprised of persons who have served in the armed forces of the United States; or
(c) 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 characteristic, and, where entry into, and use of the facility is restricted to members and guests of members.
PUBLIC GATHERING. Any assembly of 50 or more individuals attending events on public property where entertainment, vending of wares or food and beverages or sporting activities are being observed or participated in.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, hotels and motels, laundromats, public transportation vehicles and 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. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale of food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. The term RESTAURANT shall include a bar area within the RESTAURANT.
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. The term does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages.
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.
SMOKING. Any act of inhaling, exhaling, burning, carrying or holding of a lighted or heated cigarette, electronic smoking device, cigar, pipe, or any other lighted or heated tobacco or plant produced intended for inhalation, in any manner or form. SMOKING also includes the use of any e-cigarette or other electronic smoking device which creates a vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter. SMOKING does not include the burning of incense.
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 either to engage in physical exercise, participate in athletic competition, or witness sports events.
(Ord. 4, 2006, passed 5-22-2006; Am. Ord. 21, 2017, passed 1-8-2018)