The following words and phrases, whenever used in this division, shall be construed as defined in this section:
Bar.An establishment or area which is devoted primarily to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food or other products is only incidental to the consumption of such beverages. A “bar” includes those facilities located within a hotel, motel or other similar transient occupancy establishment, or a tavern, nightclub, cocktail lounge, cabaret, comedy club.
Business.Any sole proprietorship, partnership, 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 provided.
Commercial center.A planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services, including but not limited to a variety store, discount store or supermarket, a small cluster of convenience shops or services, or a regional commercial center that provides for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services in full depth and variety.
Commercial center common area.An enclosed or semi-enclosed used by the general public such as a walkway, hall area, mall, or other common area that serves to connect retail or professional establishments.
E-cigarette or e-hookah.Any electronic oral device or nicotine delivery device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substance, 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, e-hookah, hookah pen or under any other product name or description.
Employee.Any person who is employed by or engaged under contract by any employer in consideration for direct or indirect monetary wages or profit in exchange for services provided, and any person who volunteers his or her services for an employer as defined in this division.
Employer.Any person, partnership, corporation, including a municipal corporation, or nonprofit entity which employs or contracts the services of one or more individual persons or uses the volunteer 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 or windows (exclusive of door or passage ways) 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, and including, but not limited to, a retractable divider, garage door, other physical barrier, whether temporary or permanent. The term does not include semi-enclosed areas or outdoor areas as defined in this code.
Food establishment.Any food product or food service establishments, and any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food, including but not limited to mobile food establishment, outdoor market and child care, adult care facilities or health care facilities whether temporary, recurrent or seasonal. The term includes a commercial establishment in which food is manufactured, packaged, stored or distributed for human consumption. The term does not include private homes where food is prepared or served for individual family consumption.
Health care facility.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 physicians, chiropractors, physical therapists, psychiatrists, dentists, and all specialties within these professions. This definition shall include, but not be limited to, all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within such health care facilities.
Outdoor area.Land areas that are not occupied by buildings, structures, parking areas, streets, or required yards which may be devoted to landscaping, preservation of natural features, patios, recreation area and facilities.
Outdoor market.An establishment that has obtained a permit for a year or less under the Town of Horizon Code at which seasonal sales of prepackaged non-potentially hazardous foods such as uncut fruits, vegetables and legumes is allowed on a temporary, recurrent or seasonal basis (but not permanent) either (1) on private property with written consent from the owner; or (2) on public property with written consent of the governmental entity with jurisdiction over such property. No foods may be sold, offered for sale or exposed for sale on any portion of the property that is located within one hundred feet of the closest edge of the paved portion of an arterial street. For the purpose of this section, “temporary” is a permitted one day event; “recurrent” is an permitted operation on Fridays, Saturdays, Sundays and national holidays as observed by the city; “seasonal” is a permitted special event for no more than five consecutive days over a period of no more than six consecutive months in conjunction with a regularly occurring event, on a weekly or monthly basis.
Park.City park and park facilities as set forth in city code, article
1.10, parks and recreation, as amended, namely, any property in the city that is designated, set aside or operated by the city for public recreational purposes, whether dedicated or developed as a park or not, or that is located in any street right-of-way and is maintained as public open space, including all buildings, recreation facilities, playgrounds, parking lots, driveways, pathways, trails and other areas within a park, to include scenic drive, and any sports pavilions, stadiums, amphitheaters or similar facilities owned or operated by the town. Designation of property as a city park pursuant to this subsection is solely for the purposes of identifying areas governed by this division and shall not be construed to be a dedication of any property as a park.
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 or meeting rooms, classrooms, employee cafeterias and hallways, or vehicle that is used in the conduct of business. A private residence is not a “place of employment” unless it is used as a child care, adult day care or health care facility or there is an employee present other than the occupant of the residence.
Playground.Any park or recreational area that is designed in part to be used by children and 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 property.
Private club.An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for monetary 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 a duly held meeting and has established bylaws and/or a constitution to govern its activities, and has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section
501.
Any enclosed area to which the members of the general public are not invited or in which the public is not permitted, including but not limited to, personal residences; private clubs or personal automobiles used for personal use. A privately owned business, open to the public, is not a “private place.”
Restaurant.An establishment which sells prepared food for consumption on or off premises, including but not limited to fast food (food already prepared for consumption, packaged in paper, Styrofoam or similar materials, may include drive-in or drive-up facilities for ordering).
Restaurant.Any eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, private and public school cafeterias, which gives or offers food for sale 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.
Semi-enclosed area.An outdoor area which is enclosed only on one or more sides but is open to the outdoors, open space or air, including a patio, hallway, etc.
Service line.Any indoor or outdoor 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 or heated cigar, cigarette, pipe, e-cigarette, e-hookah, weed, plant or combustible substance in any manner or in any form, including any device that allows for combustion or conduction of a product for the purpose of inhaling smoke or vapor.
Sports facilities.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 or activities, participate in athletic competition, or witness sporting events, whether enclosed indoors or outdoors, but not a private club or private place.
(Ordinance 0266 adopted 3/9/21)