For purposes of this chapter:
(a) “Employee” means a person who is employed by an Employer, or who contracts with an Employer or who contracts with a third person to perform services for an Employer, or who otherwise performs services for an Employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to such Employer for no monetary compensation.
(b) “Employer” means the State, its instrumentalities, its political subdivisions and their instrumentalities, and any individual or type of organization including any partnership, limited liability company, association, trust, estate or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the successor thereof, or the legal representative of a deceased person that accepts the provision of services from one or more Employees.
(c) “Enclosed Area” means all space closed in by a roof or other overhead covering of any kind and walls or other side coverings of any kind on at least three sides with openings for ingress and egress.
(d) “Outdoor patio” means an outdoor area, open to the air at all times, that is either:
(1) Enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or
(2) Has no roof or other overhead covering at all regardless of the number of walls or other side coverings.
(e) “Place of Employment” means any Enclosed Area under the control of an Employer. An Enclosed Area as described herein is a “Place of Employment” without regard to time of day or actual presence of Employees. “Place of Employment” only includes private residences, whether single or multifamily, if used as a child care, adult day care, or health care facility, or if a person uses a private residence in anyway otherwise qualifying that person as an Employer with respect to the use of that private residence; provided, however, that private residences are exempt from this chapter to the extent that the person providing the services is providing housecleaning, home maintenance or personal care services in the private residence.
(f) “Private Club” means a club as that term is defined in Ohio R.C. 4301.01(B)(13) and that is organized as not for profit.
(g) “Proprietor” means the person in charge or control of a Public Place or Place of Employment.
(h) “Public Place” means an Enclosed Area to which the public is invited or in which the public is permitted.
(i) “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.
(j) “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other smoking equipment in any manner or in any form. “Smoking” does not include the burning or carrying of incense in a religious ceremony.
(k) “Smoking materials” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(Ord. 30-2004. Passed 9-7-04.)