Definitions. The following words and phrases, whenever used in this
Section, shall be construed as defined in this Subsection:
BAR
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.
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.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on
all sides by permanent or temporary walls or windows (exclusive of
doorways), which extend from the floor to the ceiling.
PLACE OF EMPLOYMENT
An area under the control of a public or private employer
that employees normally frequent during the course of employment,
including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways, 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.
PRIVATE CLUB
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.
PUBLIC PLACE
An enclosed 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, indoor sports arenas, theaters, and waiting rooms.
A private residence is not a public place unless it used as a child-care,
adult day-care, or health care facility.
SMOKING
The burning of tobacco for the purpose of inhaling or exhaling
the fumes of that burning substance.