Definitions.
The following words and phrases, whenever
used in this section, shall have the following meanings:
Bar
means an area 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.
Bingo hall
means any enclosed area used for the management, operation
or conduct of a game of bingo by any organization holding a license
to manage, operate or conduct games of bingo pursuant to Colorado
law and in which food service for consumption on the premises is incidental
to the games of bingo.
Bowling alley
means a business open to the public which offers the use
of bowling lanes, typically equipped with operable automatic pin setting
apparatus and in which food service for consumption on the premises
is incidental to bowling and related activities.
Business
means any sole proprietorship, partnership, joint venture,
corporation or other entity formed for profit-making or nonprofit
purposes, including retail establishments where goods or services
are sold, as well as professional corporations and limited liability
companies. Business includes entities where legal,
accounting, financial, planning, medical, dental, engineering, architectural
or other services are delivered.
Electronic smoking device
means an electric or battery-operated device which can be
used to deliver substances, including but not limited to nicotine,
tobacco, or marijuana, to the person using such device. Electronic
smoking devices shall include, without limitation, electronic cigarettes,
cigars, cigarillos, pipes, and hookahs.
Employee
means any person whether such person is referred to as an
employee, contractor, independent contractor, volunteer or by any
other designation who:
(1)
Performs any type of work for benefit of another in consideration
of direct or indirect wages or profit; or
(2)
Provides uncompensated work or services to a business or nonprofit
entity.
Employer
means any person, partnership, association, corporation,
or nonprofit entity that employs one or more persons.
Enclosed area
means all space between a floor and ceiling within a structure
or building which is closed in on all sides by solid walls, doors
or windows which extend from the floor to the ceiling.
Indoor area
means any enclosed area or portion thereof. The opening of
windows or doors, or the temporary removal of wall panels, does not
convert an indoor area to an outdoor area.
Lighted
means to illuminate by electricity, battery or fire; to ignite
by electricity, battery or fire; to burn by electricity, battery or
fire; or to emit light by electricity, battery or fire.
Marijuana
(which may alternatively be spelled as “
marihuana”) shall have the same meaning as set forth in Article
XVIII, Section
16 of the
Colorado Constitution or as may be more fully defined in any applicable
State law or regulation.
Person
means a natural person or any entity or business recognized
by law or formed to do business of any sort.
Place of employment
means any indoor place and any public place or portion thereof
under the control of an employer in which employees of the employer
perform services for, or on behalf of, the employer.
Private club
means any establishment which restricts admission to members
of the club and their guests. See Public place.
Private function
means any activity which is restricted to invited guests
in a nonpublic setting and to which the general public is not invited.
Public meetings
means any meeting open to the public pursuant to Part 4 of Article
6 of Title
24, C.R.S., or any other applicable law.
Public place
means any area to which the public is invited or in which
the public is permitted, including but not limited to banks, educational
facilities, schools, health facilities, laundromats, public transportation
facilities including bus stations and stops, taxis, shelters, airports,
train stations, reception areas, restaurants, retail food production
and marketing/grocery establishments, retail service establishments,
retail stores, theaters and waiting rooms. A private club is considered
a public place when functions are held at the club
which are open to the general public and are not restricted to the
members of the club. A private residence is not a public place except during times when it is being used as a child care, adult
care or health care facility.
Restaurant
means a business in which the principal business is the sale
of food or meals prepared on-site, typically for consumption on-site.
Examples of restaurants, without limitation, are coffee shops, cafeterias,
sandwich stands, private or public school or other cafeterias, 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.
Retail tobacco store
means a business utilized primarily for the sale of tobacco
and accessories and in which the sale of other products is incidental.
Service line
means 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.
Smoke or smoking
means and includes, but is not limited to:
(1)
The carrying or possession of a smoking instrument in one’s
mouth for the purpose of inhaling or exhaling smoke or vapor or blowing
smoke or vapor rings;
(2)
The placing of a lighted smoking instrument in an ashtray or
other receptacle, and allowing smoke or vapor to diffuse in the air;
(3)
The possession, carrying or placing of a lighted smoking instrument
in one’s hands or any appendage or device and allowing smoke
or vapor to diffuse in the air; or
(4)
The inhaling or exhaling of smoke or vapor from a lighted smoking
instrument.
Smoke-free
means that air in an enclosed area is free from smoke caused
by smoking.
Smoking instrument
means an instrument of any kind which can be used to deliver
substances, including but not limited to nicotine, tobacco, marijuana,
or any other substance, or combination thereof, to the person using
such instrument. Smoking instrument shall include,
without limitation, cigarettes, cigars, cigarillos, pipes and hookahs. Smoking instrument shall specifically include electronic
smoking devices.
Sports arena
means 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.
Structure
is defined in the International Building Code, including
the International Residential Code, (“IBC”) as adopted
by the City from time to time. The term structure includes the term building, also defined by the
IBC.
Work area
means an enclosed area in which one or more employees are
routinely assigned and perform services for or on behalf of the employer.