In addition to any meanings under R.C. § 3791.091 and/or Section 660.13 of the General Offenses Code, the following words and phrases, whenever used in this chapter, shall be construed as defined in this section.
(a) "Cocktail lounge and bar'' means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages.
(b) "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(d) "Employer" means any person who employs the services of an individual person or any person in charge of a place of employment. Such term excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(e) "Enclosed indoor area" means closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.
(f) "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(g) "Grocery store" means any supermarket, convenience store, and any other retail food production and marketing establishment.
(h) "Health-care facility" means any laboratories associated with the rendition of health-care treatment, hospitals, rest homes, nursing homes, doctors' offices, dentists' offices and other establishments involved in the provision of health care.
(i) "Indoor places of entertainment and recreation" means enclosed indoor areas used for play, amusement, diversion, relaxation or social activities including but not limited to bowling alleys, roller and ice skating rinks, dance halls, swimming pools and bingo halls.
(j) "Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of any establishment and excludes employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to such establishment.
(k) "Outdoor patio" means a structure with a roof and two or fewer side walls, or a structure or designated area with no roof, regardless of the number of side walls.
(l) "Person" means any individual, firm, partnership, association, corporation, company, organization, or legal entity of any kind.
(m) "Place of employment" means that portion of any enclosed, indoor area under the control of a public or private employer which employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office work places, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment. A private residence is not a place of employment.
(n) "Polling place" means the entire room, hall, garage, or other facility in which persons case ballots in an election, but only during such time as election business is being conducted.
(o) "Proprietor" means the owner, manager, operator or other person in charge of a public place. Such term excluded building owners and managers in areas leased, rented or otherwise controlled by tenants.
(p) "Public conveyance" means any mass transit vehicle or school bus.
(q) "Public place" means that portion of any enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted. A private residence is not a public place.
(r) "Restaurant" means any enclosed area to which the public is invited or in which the public is permitted, that offers food and beverages for consumption on the premises or take-out service.
(s) "Retail stores and service establishments" means establishments that sell goods or services directly to members of the general public including, but not limited to, grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, barber or beauty shops, cleaners and laundromats.
(t) "Retail tobacco store" means a retail store used primarily for the sale of tobacco products, smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a large retail store such as a department store or discount store.
(u) "Service line" means 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.
(v) "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is permitted or not permitted and to provide related information. The international "NO SMOKING" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) may be used in, or substituted for, a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(w) "Smoking" means the lighting, holding or carrying of, or emitting or exhaling the smoke of any pipe, cigar or cigarette of any kind or other use of tobacco products.
(x) "Smoking material" means any cigar, cigarette, pipe, weed, plant, e-liquids, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or snus, e-cigarettes, e-cigars, e-pipes, vapor products, e-hookahs, any component, part, or accessory used in the consumption of tobacco products, whether or not it contains nicotine including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes, or other smoking equipment in any form.
(y) "Tobacco product" means any product that is made from tobacco or derived from tobacco or that contains nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, snorted, sniffed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, cigarettes, e-liquids, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means electronic devices, including any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including, but not limited to, e-cigarettes, e-cigars, e-pipes, vapor products, or e-hookahs. Tobacco product includes any component, part, or accessory used in the consumption of tobacco products, whether or not it contains nicotine including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes. "Tobacco product" does not include any of the following:
(1) Any products that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(2) Any products that is a "device" as that term is defined in 21 U.S.C. 321(h); or
(3) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(z) "Vehicles of public transportation" means trains, buses, trolleys, limousines for hire, taxicabs, courtesy vehicles, ferries, and similar conveyances as well as their association terminals.
(aa) "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(Ord. 2019-09. Passed 3-18-2019.)
Next Doc