As used in this chapter:
(a) "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. An establishment which would usually be defined as an eating establishment under subsection (b) hereof may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a bar.
(b) "Eating establishments" means any restaurant, coffee shop, cafeteria, luncheonette, 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. "Employer" 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 an appropriate opening 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, clinics, rest homes, nursing homes, doctors' offices, dentists' offices and other establishments involved in the provision of health care.
(i) "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.
(j) "Members of employee groups" means both union and non-union groups, students, clients and other similar invitees of any establishment, business, company or corporation, and excludes members of the general public.
(k) "Place of employment" means that portion of any enclosed, indoor area under the control of a public or private employer which members of employee groups 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 workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(l) "Polling place" means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted. This applies to both "public" and "private" elections.
(m) "Proprietor" means the owner, manager, operator or other person in charge of a public or private place. "Proprietor" excludes building owners and managers in areas leased, rented or otherwise controlled by individual tenants.
(n) "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.
(o) "Retail tobacco store" means a retail store used primarily for the sale of 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 larger retail store such as a department store or discount store.
(p) "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.
(q) "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.
(r) "Smoking material" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(s) "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his primary work functions.
(t) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(Res. 131. Passed 6-24-92.)