For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR(S). Any business that:
(1) Holds a beer, liquor and/or wine retailer's permit under the laws of Indiana;
(2) Allows no customer to enter therein at any time who is under the age of 18;
(3) Employs no person therein who is under the age of 18; and
(4) Is not physically located within a business otherwise required to be smoke-free pursuant to this section.
BUSINESS(ES). All sole proprietorships, partnerships, joint ventures, corporations, and other business entities, either for-profit or not-for-profit, including, but not limited to, retail establishments where goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered.
CITY PARK(S). Any real property which falls under the powers and duties of the Board of Parks and Recreation established pursuant to § 94.01 and I.C. 36-10-3.
EMPLOYEE(S). All persons who are employed by an employer in consideration for direct or indirect monetary wages or profit, and all persons who volunteer their services.
EMPLOYER(S). All persons, businesses, companies, partnerships, associations, municipal corporations, trusts, and not-for-profit entities that employ the services of one or more employees.
ENCLOSED AREA(S). All spaces closed in by roofs, ceilings, or other overhead coverings of any material, as well as by walls or other side coverings of any material on at least two sides of same, with appropriate openings for ingress and egress.
PLACE(S) OF EMPLOYMENT. All enclosed areas under the control of public or private employers that employees normally frequent during the course of their employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, and vehicles.
PLAYGROUND. Any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City grounds.
PRIVATE CLUB(S). Any business that:
(1) Is exempt from federal income taxation under 26 U.S.C. 501(c);
(2) Is a “club” as that term is defined in I.C. 7.1-3-20-1, or a “fraternal club” as the term is defined by I.C. 7.1-3-20-7;
(3) Holds a beer, liquor and/or wine retailer’s permit under the laws of Indiana; and
(4) Provides food or alcoholic beverages only to its bona fide members and their guests.
PUBLIC PLACE(S). All enclosed areas, whether owned publicly or privately, to which the public is invited or in which the public is permitted.
RESTAURANT(S). Any business operating as an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which give or offer 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.
SELF-CONTAINED BAR AREA(S). A designated room or other enclosed area within a restaurant otherwise regulated and where smoking is prohibited, if and only if:
(1) Such an area is completely enclosed and separate from the remainder of the facility by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the area, or where a window or door ventilates to the outside of the building;
(2) The smoke generated within such a designated area does not enter any area or location where smoking is prohibited;
(3) Alcoholic beverages are served for consumption therein;
(4) No customer or member of the public who is under the age of 18 is allowed to enter therein at any time; and
(5) No employee who is under the age of 18 is allowed to enter therein at any time.
SERVICE LINE(S). 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. The carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking item or equipment containing tobacco or any other herbaceous material, or the inhalation of exhalation of smoke from the same, but does not include incense or the burning of incense.
SPORTS ARENA(S). All sports pavilions, stadiums, athletic fields, gymnasiums, health spas, swimming pools, roller or ice rinks, bowling alleys, and other similar places where members of the public assemble to engage in physical exercise or recreation, participate in athletic competition, or witness sports or other events.
RETAIL TOBACCO STORE(S). Any retail store:
(1) That is utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to, cigarettes, cigars, tobacco, pipes, cigarette paper, and lighters;
(2) That is not licensed for the consumption of meals or alcoholic beverages on the premises or operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and
(3) In which the sale of tobacco and tobacco-related products accounts for not less than 66% of the gross sales of that business.
(Ord. 06-2564, passed 4-17-06; Am. Ord. 18-2848, passed 11-26-18)