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.
BINGO FACILITY. Any facility used for the purpose of operating bingo gaming by a person or entity licensed by the Bingo Enabling Act, being Tex. Occupations Code §§ 2001.001 et seq..
BUSINESS. A sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishment where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
CITY-OWNED BUILDINGS. Those buildings or facilities that are operated, owned, or managed in part or whole by the city.
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 or her services for a nonprofit entity.
EMPLOYER. A person, business, partnership, and association, corporation, including municipal corporation, trust, or nonprofit 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 a solid wall 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, 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 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, semiprivate rooms, and ward within HEALTH CARE FACILITIES.
MINOR. Persons age 17 and below.
NONPUBLIC AREA. The area of a public place in which the public is not generally permitted access by express or implied invitation and/or in which the public is expressly prohibited from entering or occupying.
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, hallways, and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care, adult day care, or health care facility.
PUBLIC AREA. The area of a public place in which the public is generally permitted to enter or occupy by express or implied invitation of the owner/operator.
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, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a PUBLIC PLACE unless it is used as a child care, 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 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. 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, weed, plant, or other combustible substance in any manner or in any form.
SPORTS ARENA. Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, 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.
(Ord. 5-06, passed 4-10-2006)