[R.O. 1992 § 260.010; Ord. No. 13-11119 § 1, 3-18-2013]
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
An establishment that 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 those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
A sole proprietorship, partnership, joint venture, corporation, or other business entity, 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.
A business 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 and air ventilation system on the premises and does not allow minors to enter the smoking area.
[Ord. No. 24-13943, 4-1-2024]
Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
A person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one (1) or more individual persons.
All space between a floor and a ceiling that is bounded on at least two (2) sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. An “enclosed area” shall not include a smoking shelter as defined herein.
[Ord. No. 13-11132 § 1, 5-6-2013]
An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, is devoted to the on-premises smoking of tobacco or other substances through one (1) or more pipes (commonly known as a "hookah," "waterpipe," "shisha" or "narghile") designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including, but not limited to, establishments known variously as hookah bars, hookah lounges or hookah cafes.
An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of Federal income tax as a club under 26 U.S.C. § 501.
A business that is primarily devoted to the manufacturing or production of pipes used for the smoking of tobacco or other plant products and that derives at least ninety percent (90%) of its gross quarterly sales revenue from the sale of such pipes. A restaurant, bar, hookah lounge, or other business primarily devoted to the sale of food, alcoholic beverages, or tobacco products is not a "pipe factory" for the purposes of this Chapter.
An area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.
Any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City grounds.
An area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, 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.
An eating establishment, 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, 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 area within the restaurant.
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Chapter.
An accessory structure that meets all applicable provisions of the Zoning and Building Codes, with a maximum size of two hundred (200) square feet, that is detached from principal buildings, that is located more than ten (10) feet from the main entrance of public places and places of employment, in which there is no service, possession or consumption of food or alcoholic beverages, and that is no more than eighty-five percent (85%) enclosed at any time. The percentage of enclosure shall be calculated based on the elevation area below the roof of all elevations. For calculation purposes, screens are not considered to be enclosures, but louvers, windows and other solid materials qualify as enclosures. No other wall, fence, roof overhang or other obstruction of any kind may be located within five (5) feet of the openings if it has the effect of blocking the free flow of air through the required opening.
[Ord. No. 13-11132 § 1, 5-6-2013]
A place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.