§ 46-117. Definitions.  


Latest version.
  • The following words and phrases, whenever used in this division, shall be construed as defined in this section:

    Bar means any enclosed establishment that is devoted to the serving of alcoholic beverages for consumptions by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. For purposes of this definition, the serving of food is incidental to the consumption of alcoholic beverages if the gross revenue from the sale of food is 30 percent or less of the annual gross receipts of the establishment.

    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 professionals services are delivered.

    Electronic cigarette means any device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. The term does not include a prescription medical device unrelated to the cessation of smoking.

    Employee means an individual, other than an independent contractor, who performs work for an employer in consideration for direct or indirect monetary wages.

    Employer means any individual, partnership, corporation, other business entity, or non-profit entity, which employs one or more individuals.

    Enclosed area means all space between a floor and ceiling which is enclosed on all sides, from floor to ceiling, by solid (exclusive of doors or passageways) walls or windows; provided, however, that a motor vehicle is not an enclosed area.

    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, private offices, employee lounges, cafeterias, restrooms, conference rooms, auditoriums, classrooms, elevators, stairs, and hallways. A private residence is not a Place of Employment unless it is used as a child care, adult day care, or health care facility.

    Private club means any premises owned or leased by a private organization and used exclusively for such organization's recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, but not for pecuniary gain, and which only sells food and alcoholic beverages incidental to its operation. A bar or restaurant that is open to the public but which requires the purchase of a membership in order to comply with state laws regulating the service of alcoholic beverages is not a private club for the purpose of this division.

    Private organization means any non-profit entity, whether incorporated or not, organized for recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes.

    Private place means any enclosed area to which the public is not invited or in which the public is not permitted, including, but not limited to, personal residences, premises operated by private organizations, and personal automobiles. A privately owned business, open to the public, is not a private place.

    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, sports arenas, educational facilities, health facilities, laundromats, public transportation and affiliated facilities, reception areas, production and marketing establishments, retail service establishments, retail stores and malls, theaters, and waiting rooms. A private residence is not a public place.

    Restaurant means an eating establishment other than a bar, 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 for consumption on the premises.

    Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products does not exceed ten percent of annual gross sales.

    Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or pipe, and also includes the use of an electronic cigarette.

    Tobacco product means any product containing tobacco in any form.

(Ord. No. O-64-09, § I, 10-26-09; Ord. No. O-17-16 , § I, 9-26-2016)