For the purpose of this article, the following definitions shall apply:
means a place where mixed alcoholic beverages are sold for consumption on the premises as the primary business activity as defined by the zoning ordinance of the city.
means an area within a building primarily used for the unobstructed passage of pedestrian traffic through the building.
means a designated area, which shall:
means all space between a floor and ceiling, which is enclosed on all sides by solid walls or windows, which extend from the floor to the ceiling, including a door which remains closed at all times, except when used for entry or exit. Spaces screened by partitions, which do not extend to the ceiling or are not solid, office landscaping or similar structures are not considered enclosed areas.
means any person who is employed by an employer in consideration for monetary compensation or profit.
means any person, partnership, corporation, association or other entity that employs one or more persons.
means a food establishment with:
A limited fast food only menu; and
No waitstaff (counterstaff allowed); and
A passout window for delivery of food to be consumed off premises (a passout window is not necessary if the establishment is located within a shopping center as defined in the city zoning ordinance).
The term “fast food restaurant” does not include cafeterias or establishments where beverages must be consumed on premises. |
means a separate heating, ventilation, and air conditioning system such that air from the smoking area is exhausting directly to the outside and not circulated within the building or mixed with the general dilution ventilation for the building and that creates a negative pressure away from the door into the room sufficient to prevent any flow of smoke from the smoking area to the nonsmoking area. Such system shall supply a minimum of thirty cubic feet per minute (30 CFM) outdoor air exchange per person and be under negative pressure.
means an enclosed area controlled by any employer, but not used by the general public, and to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias. The term does not include a private residence, unless it is used as a child care, adult care or health care facility.
means a meeting open to the public and held in an enclosed area of a public space.
means an enclosed area that is used by the general public, to which the public is invited or in which the public is permitted and includes, but is not limited to:
All enclosed facilities, including buildings and vehicles owned, leased or controlled by the City of Lubbock;
All or any part of a building used for local governmental purposes;
A retail store, office, service establishment or other commercial establishment;
A grocery store;
A restaurant, cafeteria, delicatessen, commissary, or mobile food unit;
A public primary or secondary school, a public institution of higher education, or any other educational facility;
A restroom;
An enclosed theater, movie house, auditorium, arena, music hall, lecture hall, or other performing arts venue;
An elevator;
A library, museum, gallery, or aquarium;
A health care facility or hospital;
A child care nursery;
A courtroom or a jury waiting or deliberation room;
A recreational facility;
A service line, cashier area, over-the-counter sales area, or common traffic area;
Sports arenas, stadiums, and convention halls, including bowling facilities and other indoor recreational facilities;
A lobby, hallway or other common area in apartment buildings, condominiums, trailer parks, retirement facilities, adult care facilities, nursing homes or other multiple-unit residential facilities;
A polling place;
A public plane or train;
A transit system bus or interstate bus, taxicab, or any other public transport;
A public transportation facility, including ticket, boarding and waiting areas of public transit depots;
A lobby, reception area, waiting area, hallway, or other common-use area;
A retail food production and marketing facility;
All areas available to, and customarily used by, the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, attorneys’ offices and other offices, not otherwise exempted herein, banks, laundromats, hotels and motels; and
The public areas of a fast food restaurant.
means a food establishment where the primary business is the preparation and sale of food as defined by the zoning ordinance of the city.
means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
means any indoor line in which one or more persons are waiting for, or receiving, service of any kind, whether or not such service involves the exchange of money.
means any cigarette, cigar, tobacco or smokeless tobacco product sold in less than carton or equivalent units.
includes:
Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device;
The combustion of any cigar, cigarette, tobacco or any similar article or any other combustible substance in any manner or in any form;
Emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
means indoor sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice 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.
means an establishment as defined by the zoning ordinance of the city.
(1983 Code, sec. 12-245; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)