For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCT. A noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.
BUSINESS. A sole proprietorship, partnership, joint venture, corporation, or any other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations, and other entities where legal, medical, dental, engineering, or other professional services are delivered; and private clubs.
EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers his or her services for a business.
EMPLOYER. A person, business, association, municipal corporation, or trust with one or more employees.
ENCLOSED AREA. All space between a floor and ceiling that is closed in on all sides by doors, walls, or windows, whether open or closed, the combination of which extend from the floor to the ceiling. A WALL includes any physical barrier, whether temporary or permanent.
HEALTH CARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, 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.
PARK. A tract of land, great or small, dedicated and maintained for the purposes of pleasure, exercise, amusement, or ornament; a place to which the public at large may resort to for recreation, air, and light. A PARK may include various facilities used by the public generally for recreation, including tennis, pitching horse shoes, croquet, baseball, basketball, golf, walking, horseback riding, picnicking, and general outdoor exercise. RECREATIONAL PARKS are governmental in design because their purpose is to promote and benefit the health and pleasure of the people at large.
PLACE OF EMPLOYMENT. Any area under the control of a public or private employer that employees normally frequent during the course of employment including, but not limited to, common work areas, auditoriums, private offices, elevators, medical facilities, stairs, employee lounges, restrooms, conference and meeting rooms, classrooms, cafeterias, hallways, and work vehicles. 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, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, political, benevolent, or athletic purpose, but not for pecuniary gain and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established by-laws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income as a club under 26 U.S.C. § 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, educational facilities, health care facilities, hotel and motel lobbies, laundromats, polling places, reception areas, restaurants, retail food production, and marketing/grocery establishments, retail service establishments, retail stores, shopping malls, sports arenas theaters and facilities primarily used for exhibiting any motion picture, stage drama, lecture, musical recital, or similar performance, bingo halls, gaming facilities, waiting rooms and public transportation facilities. A PUBLIC TRANSPORTATION FACILITY would include depots, shelters, buses, and taxis. Also considered PUBLIC PLACES would be elevators, common areas of apartment buildings, condominiums, or other multi-unit residential facilities. A private club is a PUBLIC PLACE when being used for childcare, 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 TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products, alternative nicotine products, vapor products and accessories, and in which the sale of other products is merely incidental.
SERVICE LINE. An indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
SHOPPING MALL or FLEA MARKETS. An enclosed public walkway or hall area that serves to connect retail, professional establishments, or booths.
SMOKING. Inhaling, burning, or carrying any lighted cigar, cigarette, pipe, or any other combustible tobacco product or vapor product.
SPORTS ARENA. Sport pavilions, stadiums, gyms, health spas, boxing arenas, swimming pools, parks, 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.
TOBACCO PRODUCT. Any cigarette, cigar, snuff, smokeless tobacco product, smoking tobacco, chewing tobacco, and any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both, or any kind or form of tobacco that is suitable to be placed in a person’s mouth.
VAPOR PRODUCT. Any noncombustible product that employs a heating element battery, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. VAPOR PRODUCT includes, but is not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
(Ord. passed 3-8-2018)