A. “Bar” means an area which 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 such beverages. A “bar” for the purpose of this definition does not include any establishment where smoke can filter into any area where smoking is prohibited through a passageway, ventilation system, or any other means. A “bar” for the purpose of this chapter does not include any area where full meals are served, but may include an area where only appetizers and snacks are served.

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 or provided as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, accounting, veterinary, child care, adult care, health care or other services are delivered.

C. “Employee” means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.

D. “Employer” means any person, partnership, corporation, or other corporation or entity including state and local government entities and nonprofit entities, that employ one (1) or more natural persons.

E. “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 passage ways) 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, and includes the interior of vehicles, boats, vessels and aircraft.

F. “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, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a “place of employment” (except areas used for business purposes).

G. “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, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a “public place” except such areas therein as are used for business purposes.

H. “Religious or cultural ceremony” means any place where sage, sweet grass, sea oil lamps, incense or other religious or cultural offerings are burned.

I. “Restaurant” means any coffee shop, cafeteria, sandwich stand, ice cream stand, private and public school and other cafeterias, and any other eating establishment which gives or offers for sale food to the public, guests, students, patients, clients, or employees, as well as kitchens in which food is prepared, whether for serving on the premises or for serving elsewhere, including catering facilities.

J. “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental.

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

L. “Smoking” means the inhaling or exhaling by an individual of tobacco smoke by the individual through a lighted cigar, cigarette, pipe or other device for holding and burning tobacco, or the lighting of the tobacco in a cigar, cigarette, pipe or other device, or the carrying, possession or control of a lighted cigar, cigarette, pipe or other similar device. In this subsection, “tobacco” includes tobacco and all other plant and nonplant substances and products that are smoked in a manner similar to the way tobacco itself is smoked.

M. “Sports arena” means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys 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.

N. “Unregulated space” means a space or area in which smoking is not prohibited under this chapter. [Ord. 98-07 § 2.]