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 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. The main criteria to determine if an establishment is a bar or a restaurant is if at least 51% of the gross receipts of the establishment come from liquor sales, the establishment is a BAR, otherwise, if 51% or more of the gross receipts come from the sale of food, then the establishment is a restaurant.
BILLIARD OR POOL HALL. Premises used primarily for any of several games played on an oblong table by driving small balls against one another or into pockets with a cue and wherein at least 50% of the area accessible to the public, excluding restrooms, hallways and entries, has to be occupied by pool tables.
BINGO FACILITY. Premises used primarily for the purpose of conducting games of chance.
BUSINESS. A sole proprietorship, partnership, joint venture, corporation or 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, architectural 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 non-profit entity.
EMPLOYER. A person, business, partnership, association, corporation, including a municipal corporation, trust or non-profit entity that employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid smoke impermeable walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
GAME ROOMS. An establishment that is licensed by the city as a “game room” whose primary business is the operation of eight liners, and the like.
HEALTH CARE FACILITY. An office or institution providing care or treatment of disease, 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 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.
PLACE OF EMPLOYMENT. An 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 rooms, meeting rooms, classrooms, 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. Organization, whether incorporated or not, which is 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 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 bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501. A PRIVATE CLUB in this chapter is not a PRIVATE CLUB as defined by the Texas Alcoholic Beverage Code or Beverage Commission.
PRIVATE OFFICE. A space for an officer or employee sequestered or withdrawn from public areas; not intended primarily for general public use or entry.
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, public transportation facilities, reception areas, restaurant, retail food production and marketing establishments, retail service establishment, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private club is a PUBLIC PLACE when being used for a function to which the general public is invited. A private residence is not a PUBLIC PLACE unless it is used as a 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. If at least 51% of the establishment’s gross receipts comes from the sale of food items, then the establishment is a RESTAURANT.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of their products is merely incidental.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or in any form.
SPORTS ARENA. Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, softball, soccer and baseball fields 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. This includes within the fenced area of any public swimming pool.
(Ord. 101-08, passed 11-20-07)