The following words and terms are used and defined as follows for the purposes of this chapter, unless the context in which any word or term is used requires another usage or meaning:
(a) "Bar" means an area or establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food, if any, is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area.
(b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments 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.
(c) "Electronic Smoking Device" means an electronic and/or battery-operated device, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic Smoking Device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.
(d) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
(e) "Employer" means any person, partnership, corporation, or governmental, public or other nonprofit entity, which employs the services of one or more employees.
(f) "Enclosed area" or "Enclosed" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling.
(g) "Place of employment" means any enclosed area under the control of an employer which one or more employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a child care, health care, or other care providing facility which is required by state law or regulation to be licensed as such.
(h) "Public place" means any place to which the public is invited or in which the public is permitted, and includes without limitation those places specified in Section 6-18.003. A private residence is not a public place.
(i) "Restaurant" means any restaurant, coffee shop, cafeteria sandwich stand, private or public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term restaurant shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined in this section.
(j) "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.
(k) "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization of any substance, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, alcohol, nor controlled substance and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke and smoke or vapors of any kind from Electronic Smoking Devices.
(I) "Smoking" means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, operating an Electronic Smoking Device, or a lighted cigarette, of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, a cigarette or an Electronic Smoking Device, of any kind.
(m) "Sports arena" means a sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice skating rink, bowling alley and other similar enclosed place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
(n) "Tobacco Product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco Product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(Ord. 1461, eff. November 12, 2015)