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 and designated cigar bars.
ENCLOSED AREA. All space between a floor and a ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling, including, but not limited to, elevators, lobbies, hallways and other common areas in buildings, restrooms, lobbies, reception areas, rooms, chambers and buildings.
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 in which employees normally work or 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, bars and restaurants.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
PUBLIC PLACE. Any area used by the general public, including, but not limited to, schools, private clubs, retail stores and financial institutions, department stores, banks, laundromats, beauty and barber shops, retail food production and marketing establishments, restaurants, retail service establishments, all outdoor arenas, stadiums and amphitheaters and other commercial establishments, regardless of whether a fee is charged for admission.
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.
SMOKE or SMOKING. The act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
(Prior Code, § 43-32) (Ord. 09-09, passed 9-14-2009)