523.03 DEFINITIONS.
   (a)   "Bar" means that portion of any establishment licensed by the State Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the gross receipts for the sale of beverages exceeds the gross receipts for the sale of food. When a bar is operated within a building in conjunction with another use such as an eating establishment, only the area utilized primarily for the serving and consumption of alcoholic beverages shall constitute the bar. The dining area of an eating establishment utilized primarily for the serving and consumption of food shall not constitute a bar even though alcoholic beverages may be served therein.
   (b)   "Business" means any sole proprietorship, joint venture, corporation, limited liability company, limited liability partnership, or other business entity, incorporated or unincorporated, formed for profit or not-for-profit purposes including but not limited to, establishments where goods or services are sold or leased, social agencies, warehouses, manufacturing plants and other entities where any leasing, professional or technical services are provided other than "Eating Establishments".
   (c)   "Business Office" shall mean an enclosed area assigned to a specific person where the public or other employees are only permitted with the consent of the person so assigned of his supervisor.
   (d)   "Eating Establishment" 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.
   (e)   "Employee" means any person who is employed by an employer in consideration of direct or indirect monetary wages or profit; and any person who volunteers his/her services for a non-profit entity.
   (f)   "Employer" means any person, business, or government entity that employs the services of five or more individual persons.
   (g)   "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.
   (h)   "Indoor Public Place" means any area to which the public is invited, in which the public is permitted, or which the public customarily uses. Common Areas of multiple dwelling units and businesses are "Indoor Public Places".
   (i)   "International No Smoking Symbol" means a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
   (j)   "Place of Employment" means 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, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways.
   (k)   "Private Clubs" means a facility owned by an organization which:
      (1)   Has a written policy on the acceptance of new members;
      (2)   Is the primary occupier of the facility for organizational activities; and
      (3)   Maintains a permanent membership list.
   (l)   “Retail Tobacco Stores" means that the sale of tobacco and related products constitute more than fifty percent (50%) of gross revenues.
(Ord. 2005-5. Passed 2-7-05.)
   (m)   “Smoking” means inhaling or exhaling smoke, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or any form, or the use of electronic cigarettes or other electronic products or devices that produce a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking.
(Ord. 2016-5. Passed 5-2-16.)