As used in this chapter, the following have the following meanings unless otherwise designated:
   BAR.  Any establishment used for the sale of alcoholic beverages for consumption by guests on the premises and which holds a beer-wine ("two-way"), or a beer-wine-liquor ("three-way") retailer's permit under the laws of Indiana including, but not limited to, taverns, nightclubs, and cocktail lounges.
   ENCLOSED AREA.  All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
   HEALTH CARE FACILITY.  An office or institution providing care or treatment of diseases, whether physical, mental, emotional, other medical, physiological, or psychological conditions including, but not limited to, hospitals, rehabilitation hospitals or other clinics including weight control clinics, nursing homes, hospices, or homes for the aging or chronically ill.
   PERSON.  Any individual, firm, partnership, association, corporation, company or organization of any kind.
   PLACE OF EMPLOYMENT.  Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.
   PRIVATE CLUB.  An organization exempt from federal income taxation under 26 USC § 501(c) and defined as a CLUB and eligible to receive a CLUB PERMIT under I.C. 7.1-3-20-1 or as a FRATERNAL CLUB as defined by I.C. 7.1-3-20-7.
   PUBLIC PLACE.  Any enclosed area used by the general public including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats, beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place.
   RESTAURANT.  Any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes, sandwich stands and soda fountains. RESTAURANT shall include a bar area within the RESTAURANT. An establishment of this type which includes a bar and which chooses to apply for and receives an exemption under § 97.06 shall not be a RESTAURANT, but shall be a BAR.
   RETAIL TOBACCO STORE.  A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages.
   SMOKE or SMOKING.  The act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
   THEATER.  Any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage presentation, musical recital, dance, lecture or other similar performance.
(Ord. 49-2006, passed 12-4-06; Am. Ord. 15-2007, passed 3-12-07)