For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DESIGNATED NON-SMOKING AREA. An area within an enclosed eating establishment where smoking is prohibited. The area will have openings for both ingress and egress and is available and customarily used by the public.
   EATING ESTABLISHMENT. A facility which is regularly open for the primary purpose of serving food prepared for consumption which has ten or more tables and/or booths to be used by the public. No facility shall be classified as an EATING ESTABLISHMENT unless the facility receives at least 40% of its gross revenues from serving food. EATING ESTABLISHMENTS associated with a hotel or motel fall under this definition.
   EMPLOYER. Any person or entity employing the services of at least one person.
   SMOKE or SMOKING. Burning or carrying any lighted cigarette, cigar, tobacco, or any other weed or plant, or placing any burning tobacco, weed, or plant in any ashtray or other receptacle and allowing smoke to diffuse into the air.
('76 Code, § 9-5-1) (Ord. 817, passed 8-11-88)