§ 15-152. Definitions.

The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:

(1)

"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.

(2)

"Dining area" means any enclosed area containing a counter or tables upon which meals are served.

(3)

"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.

(4)

"Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profits, and any person who volunteers his or her time or service for a nonprofit entity.

(5)

"Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one (1) or more individual persons.

(6)

"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, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.

(7)

"Nonprofit entity" means any corporation, unincorporated association, or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section.

(8)

"Place of employment" means any enclosed area under the operation or control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, individual and group offices, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias and hallways.

(9)

"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, recreation facilities, sports arenas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a public place.

(10)

"Retail food facility" means any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption directly to the consumer or indirectly through a delivery service regardless of whether there is a charge for the food.

(11)

"Service line" means any indoor line at which one (1) or more persons are waiting for or are receiving service of any kind, whether or not such service involves the exchange of money.

(12)

"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.

(13)

"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice skating rinks, bowling alleys, pool halls, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

(14)

"Tobacco product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption.

(Ord. No. 2581, § 1, 2-10-87; Ord. No. 3039, § 1, 12-1-92)

(Ord. No. 4100, § 2, 9-15-15)