§ 10-6-1. DEFINITIONS.

In this chapter:

(1)

EMPLOYEE means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.

(2)

EMPLOYER means a person who employs the services of one or more individuals.

(3)

ENCLOSED AREA means a space that is enclosed on all sides by solid walls that extend from the floor to the ceiling, exclusive of windows and doors.

(4)

FRATERNAL ORGANIZATION means a non-profit organization that:

(a)

is chartered by a national organization in existence since 1953;

(b)

is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code;

(c)

operates under a lodge system with a representative form of government; and

(d)

is organized for the exclusive benefit of the members of the organization and their dependents.

(5)

OPERATOR means the owner or person in charge of a public place or workplace, including an employer.

(6)

PARK means the outdoor areas of land dedicated and used as parkland, or city- owned land used for a park or recreational purpose that is under the administrative control of the Parks and Recreation Department. The term includes city-owned athletic fields, as defined in Chapter 8-1, Section 8-1-1(1), nature preserves, as defined in Chapter 8-1, Section 8-1-1(11), golf courses and swimming pools.

(7)

PUBLIC PLACE means 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, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

(8)

RETAIL TOBACCO STORE means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices.

(9)

SMOKING means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, any electronic smoking device as defined in City Code Section 10-11-1(2) ( Definitions ), or other combustible substance in any manner or in any form.

(10)

WORKPLACE means an enclosed area in which employees work or have access during the course of their employment.

Source: Ord. 20050303-05; Ord. 20111215-019; Ord. No. 20170622-023 , Pt. 2, 7-3-17.