§ 9.11.030. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. When a bar is operated within a building in conjunction with another use, such as a restaurant, only the area utilized primarily for the consumption of alcoholic beverages shall constitute the bar. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.

"Business" means 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 performed or delivered.

"Dining Area" means any enclosed area containing a counter or tables upon which meals are served.

"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

"Enclosed area" means 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, office landscaping, or similar structures.

"Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of a business, nonprofit entity or the public agency; and excluding employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to a business, nonprofit entity or public agency.

"Nonprofit entity" means any corporation, unincorporated association, or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.

"Place of employment" means 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:

1.

Work areas;

2.

Conference and classrooms;

3.

Employee cafeterias;

4.

Employee lounges and restrooms; and

5.

Hallways.

"Private function" means any function to which members of the general public are not invited.

"Public place" means any enclosed area, not a private residence, to which members of the general public are invited or in which they are permitted, including, but not limited to:

1.

Banks;

2.

Child care facilities;

3.

Educational facilities;

4.

Health care facilities;

5.

Public transportation facilities;

6.

Recreational facilities;

7.

Restaurants;

8.

Retail stores;

9.

Retail service establishments;

10.

Retail food production and marketing establishments; and

11.

Waiting rooms.

"Recreational facilities" means sports pavilions, gymnasiums, exercise rooms, health spas, boxing areas, swimming pools, roller and ice-skating rinks and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.

"Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food 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 cocktail lounge or tavern if the cocktail lounge or tavern is a "bar" as defined in this chapter.

"Service Line" means 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" means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or other ignited combustible substance in any manner or in any form.

"Tobacco store" means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.