[Adopted by the County Council of Allegheny County 9-26-2006 by Ord. No.
23-06]
For the purposes of this article, the following
definitions shall apply:
COMMON USE AREA
An area in any building intended for the common use of residents,
the public or invited guests.
DRINKING ESTABLISHMENT
Any food or beverage establishment whose on-site sales of
food for consumption on the premises comprises no more than 10% of
gross sales of both food, nonalcoholic beverages and alcoholic beverages
on an annual basis and having fewer than 10 employees. For the purposes
of this section, any individual receiving compensation of any type
from the food or beverage establishment for work performed, regardless
of full- or part-time status, salary or hourly pay rate, benefit status,
or any other employment shall be deemed to be an employee of that
establishment.
[Added 10-24-2006 by Ord. No. 30-06]
ENCLOSED AREA
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.
FOOD FACILITY
Any enclosed area, stationary or mobile, permanent or temporary,
where food is prepared, handled, served, sold or provided to any consumer,
whether for consumption on or off of the premises, including lodging
establishments, sports or recreational facilities, or theater or performance
establishments. Any individual who owns, operates, manages or otherwise
controls any of the businesses described in this definition shall
be cited as a "food facility" for the purposes of this article.
FOOD OR BEVERAGE ESTABLISHMENT
Any restaurant, bar, coffee shop, cafeteria, sandwich stand,
diner, fast-food establishment, cafeteria, banquet hall, catering
facility, food court, or any other eating or drinking establishment
which gives or offers for sale food or drink to the public, guests,
or employees whether for consumption on or off the premises, and including
any such eating or drinking establishment located in a lodging establishment,
sports or recreational facility, or theater or performance establishment.
LODGING ESTABLISHMENT
Any hotel, motel, inn, resort, guest house, bed-and-breakfast
establishment, or other building which holds itself out by any means,
including advertising, license, registration with an innkeepers' group
convention listing association, travel publication or similar association
or with a government agency, as being available to provide overnight
lodging or use of facility space, such as space for food and beverage
service or meeting rooms, for consideration to persons seeking temporary
accommodation.
PASSAGEWAY
An enclosed means of ingress and egress to any regulated
area, used by employees, residents, guests, contractors or the public,
up to and including 15 feet in any direction from the outermost point
of public contact with such area.
REGULATED AREA
Any area where smoking is prohibited under this article.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe or other such device which contains tobacco or other smoke-producing
products.
SPECIALTY TOBACCO ESTABLISHMENT
An establishment whose on-site sales or rentals of tobacco,
tobacco-related products and accessories for consumption or use on
or off the premises comprises 85% or more of gross sales on an annual
basis, or on such other basis as the Health Department shall provide
with respect to such establishments that have been open for less than
one full year, and including any tobacco cigar bar operated in conjunction
with such establishment. If the establishment is adjoined to or shares
a common access that is a regulated area under this article with any
business that is not a specialty tobacco establishment, a Health Department
approved negative air pressure ventilation system that is entirely
separate from any ventilation system used in relation to any other
regulated area shall be required for classification as a specialty
tobacco establishment. For purposes of computing gross sales data,
sales from vending machines shall not be included. For the purposes
of this section, a ventilation system shall only be deemed to be approved
by the Health Department upon written approval of the system by the
Health Department to the owner of the establishment, the holder of
the establishment's business license, or the individual in control
of the premises.
SPORTS OR RECREATIONAL FACILITY
Any enclosed or unenclosed stadium, pavilion, gymnasium,
health club, spa, swimming pool, roller or ice rink, bowling alley,
boxing arena, billiard parlor, pool hall or other similar place where
members of the general public assemble either to engage in physical
exercise, participate in recreational activities or athletic competition,
or witness sports or other events.
THEATER OR PERFORMANCE ESTABLISHMENT
Any enclosed or unenclosed facility primarily used for the
exhibition of any motion picture, concert, stage drama, musical recital,
dance, lecture or other similar performance.
TOBACCO-SMOKE-PRODUCING INSTRUMENT
Any device or configuration designed to facilitate the inhalation
of tobacco or other plant material smoke, including factory or hand-rolled
cigarettes or cigars, hookahs, and pipes.
VOLUNTEER ORGANIZATIONS
Organizations for charitable, civic, fraternal, social, and
religious purposes, including but not limited to volunteer fire departments
and veterans groups for which events are held that only utilize non-paid
volunteers.
[Added 10-24-2006 by Ord. No. 31-06]
WORKPLACE
Any enclosed area under the control of a public or private
employer where one or more employees are routinely assigned and normally
frequent during the course of employment, including, but not limited
to, work areas, employee lounges and restrooms, conference rooms,
meeting rooms, classrooms, employee cafeterias and hallways. A private
residence is not a workplace unless it is used as a child-care, adult
day-care or health-care facility.
[Added 10-24-2006 by Ord. No. 33-06]
No sooner than 18 months nor later than two
years after the effective date of this article, a review and analysis
shall be conducted to determine the economic and health impacts of
this article.
[Adopted by the Board of Health 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]