Definitions. The following words, terms and phrases, when
used in this Section, shall have the meanings ascribed to them in
this Section, except where the context clearly indicates a different
meaning:
BAR
An area which is primarily devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the
consumption of such beverages.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered, and private
clubs.
CIGAR BAR
An establishment with a permit to sell alcoholic beverages
that generates twenty-five percent (25%) or more of its quarterly
gross revenue from the sale of cigars and/or rental of humidor space,
has a humidor on the premises and does not allow minors to enter the
premises. Revenue generated from other tobacco sales, including cigarette
vending machine sales, shall not be used to determine whether an establishment
satisfies the definition of a cigar bar.
CITY
City of Clayton, Missouri.
EMPLOYEE
Any person who performs services for an employer, with or
without compensation.
EMPLOYER
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or any agency
thereof, which utilizes the services of one (1) or more employee.
ENCLOSED AREA
A space bound by walls (with or without windows or screens)
substantially from the floor to the ceiling and enclosed by doors
including, but not limited to, offices, rooms, all space therein screened
by partitions which do not extend to the ceiling or are not solid,
"office landscaping" or similar structures and hallways.
PERMANENTLY DESIGNATED
A hotel or motel guest sleeping room or suite that may be
designated as a smoking room, with such designation being changeable
only one (1) time a year.
PLACE OF EMPLOYMENT
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 rooms and classrooms, employee cafeterias 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
A building or portion of a building permanently and exclusively
occupied by a not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veterans' organization which has a defined
membership and restricts admission to members of the club and their
guests and which has no "employees" and is not a "place of employment"
as those terms are defined in this Section. "Private club" shall not
include an establishment that is open to members of the general public
upon payment of a nominal fee. A private club shall not be considered
a "public place" except when it is the site of a meeting, event or
activity that is open to the public.
PUBLIC PLACE
Any enclosed or other area to which the public is invited
or in which the public is permitted including, but not limited to,
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, reception
areas, production and marketing establishments, retail service establishments,
retail stores, theaters and waiting rooms. A private residence is
not a "public place" unless it is used as a child care, adult day
care or health care facility.
RESTAURANT
An eating establishment including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which provides food to the public, guests or employees, as well as
kitchens and catering facilities in which food is prepared on the
premises for serving elsewhere. The term "restaurant" shall include
a bar and lounge area within the restaurant.
SERVICE LINE
Any indoor or outdoor 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.
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
SMOKING
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe or other tobacco product.
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating 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.