As used in this article, the following terms shall have the
meanings indicated:
ADEQUATE VENTILATION
An enclosed area that is separately vented and under a negative
pressure environment sufficient to prevent tobacco smoke from entering
all nonsmoking areas in a building. The ventilation rate in a designated
smoking area shall conform to the current American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE) recommendations
for a smoking lounge [ventilation rate of 60 cubic feet per minute
(CFM) per person based on occupancy of no more than seven people per
100 square feet of net occupied space]. Particulate air cleaners or
filtration systems are not considered adequate ventilation.
BAR
Any freestanding establishment 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.
BAR AREA OF A RESTAURANT
An area of a restaurant which is devoted to the serving of
alcoholic beverages for consumption by guests on the premises and
in which revenues from the sale of food constitute 20% or less of
the total revenues in that area. The number of seats in a bar area
of a restaurant shall not exceed 25% of the establishment's total
seating capacity.
BUSINESS
Any sole proprietorship, 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 professional services are delivered.
EMPLOYEE
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services.
EMPLOYER
Any person, business, partnership, corporation, including
a municipal corporation, or nonprofit entity, who or which employs
the services of one or more individual persons.
ENCLOSED AREA
All space between a floor and ceiling which is enclosed on
all sides by solid walls, doors, or windows, 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, "office landscaping"
or similar structures.
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 rest
rooms, conferences and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child-care or health-care facility.
PUBLIC PLACE
An enclosed, indoor area when open to and used by the general
public, including, but not limited to, the following facilities: licensed
child-care locations; educational facilities; elevators accessible
to the public; clinics and nursing homes; inns, hotel and motel lobbies,
stairwells, halls, entranceways, and public rest rooms; libraries;
schools; municipal buildings; museums; retail stores; retail food
establishments; indoor sports arenas; theaters; auditoriums; public
transit facilities; and any rooms or halls when used for public meetings.
A room or hall used for private social functions in which the sponsor
of the private function and not the owner or proprietor has control
over the seating arrangements shall not be construed as a public place.
RESTAURANT
Coffee shop, cafeteria, sandwich stand, private and public
school cafeteria, and other eating establishments which give or offer
food for sale to the public, guests, or employees, as well as kitchens
in which food is prepared on the premises for serving elsewhere, including
catering facilities, except that the term "restaurant" shall not include
a "bar."
RETAIL TOBACCO STORE
A retail store utilized for the sale of tobacco products
and accessories and in which the sale of other products is merely
incidental.
SELF-SERVICE DISPLAY
Self-service distribution of tobacco products from which
individual packages or cartons may be selected by the customer.
SERVICE LINE
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, or any other tobacco product.
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, 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.
TOBACCO VENDING MACHINE
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco products upon the insertion of coins,
trade checks, or slugs.
These regulations shall not be interpreted or construed to permit
smoking where it is otherwise prohibited by other applicable health,
safety or fire codes, regulations or statutes.