<div class="chunk-title">Sec. 30-53. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words and phrases, whenever used in these rules, shall be construed
               as defined in this section:
               </p>
            <p class="p0">
               <span class="ital">Art/entertainment facility</span> includes, but is not limited to, "theaters," meaning any enclosed facility engaged
               in the business of exhibiting motion pictures, plays or performances to an audience;
               concert halls, art galleries, auditoriums, indoor recreational areas, libraries, and
               museums.
               </p>
            <p class="p0">
               <span class="ital">Bar</span> means an area comprising 15 feet or less from the perimeter of a permanent counter
               which is primarily devoted to serving alcoholic beverages and within which the serving
               of food is only incidental to the consumption of such beverages. Although a restaurant
               may contain a bar, the term "bar" shall not include the restaurant/dining area. The
               board of health may extend the 15-foot limitation to encompass a larger area upon
               a demonstration by the owner of an establishment that such an area is primarily devoted
               to the serving of alcoholic beverages. The area of a 15-foot perimeter rule shall
               not apply to an enclosed area separate from the area of a facility which meets the
               restaurant definition of these rules if such bar, cocktail lounge or similar room
               is primarily devoted to serving of alcoholic beverages and the serving of food is
               only incidental to the consumption of alcoholic beverages.
               </p>
            <p class="p0">
               <span class="ital">Child care facility</span> means any licensed nursery, day care center, preschool, or other facility engaged
               in the practice of providing care for children.
               </p>
            <p class="p0">
               <span class="ital">Common work area</span> means an area within a place of employment where two or more people perform job-related
               tasks that is not separated by solid walls from floor to ceiling on all sides.
               </p>
            <p class="p0">
               <span class="ital">Designated smoking area</span> means an enclosed area where smoking is permitted that is identified by proper signage
               or an area outside of facilities.
               </p>
            <p class="p0">
               <span class="ital">Dining area</span> means any enclosed area containing a counter or tables upon which meals are served.
               </p>
            <p class="p0">
               <span class="ital">Educational facility</span> means any public or private facility that is used for the principal purpose of providing
               instruction or training in a trade, craft, business skill; or athletic or sports activity;
               or of providing child care; or primary, secondary, or higher education.
               </p>
            <p class="p0">
               <span class="ital">Employee</span> means any person who is employed by any employer in the consideration for direct
               or indirect monetary wages or profit, and any person who volunteers his or her services.
               </p>
            <p class="p0">
               <span class="ital">Employer</span> means any person, business, partnership, corporation, including a municipal corporation,
               or nonprofit entity, who employs the services of one or more individual persons.
               </p>
            <p class="p0">
               <span class="ital">Enclosed area</span> means all space between a floor and ceiling which is enclosed on all sides by solid
               walls or windows (exclusive of door or passageways) 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, or similar structures.
               </p>
            <p class="p0">
               <span class="ital">Health care facility</span> means any facility associated with the rendition of health care including, but not
               limited to, laboratories, hospitals, public and private health care facilities.
               </p>
            <p class="p0">
               <span class="ital">Nonsmoking area</span> means an area where smoking is prohibited.
               </p>
            <p class="p0">
               <span class="ital">Overnight or emergency shelter</span> means any facility providing temporary shelter for homeless or transient individuals.
               </p>
            <p class="p0">
               <span class="ital">Place of employment</span> means any sole proprietorship, partnership, joint venture, corporation or other business
               entity formed for profit or nonprofit making purposes, including but not limited to,
               private airports, 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 delivered.
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  A private residence is not a "place of employment" unless it is used as a licensed
                  child care facility, licensed health care facility, or domiciliary home.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The dining area of a restaurant or eating establishment is not a "place of employment."
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Private club</span> means an establishment which maintains selective members, is operated by the membership,
               does not provide food or lodging for pay to anyone who is not a member or a member's
               guest, and is not profit oriented.
               </p>
            <p class="p0">
               <span class="ital">Private residence</span> for the purposes of this HCSCR, includes a resident's room within a rest home or
               long-term care facility, a dormitory room, or a rooming house, or homeless shelter
               as long as the room is not shared by a nonsmoker.
               </p>
            <p class="p0">
               <span class="ital">Public place</span> means the following enclosed areas in which the public is permitted:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Airports;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Bingo parlors;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Child care facilities;
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Enclosed shopping malls;
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Elevators;
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Grocery stores;
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Polling places;
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  Public restrooms;
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Public areas of retail businesses;
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  Service lines;
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  Public forms of transportation, including, but not limited to buses, vans and taxicabs;
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  Public areas of galleries, libraries, and museums when open to the public;
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  Any building not open to the sky which is primarily used for exhibiting any motion
                  picture, stage drama, lecture, musical recital or similar performance, except when
                  smoking is part of a stage production;
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  Enclosed sports arenas and convention halls;
                  </p>
               		
               
               <p class="incr1">
                  (15)
                  </p>
               		
               <p class="content2">
                  All rooms, chambers, places of meeting or public assembly under the control of any
                  political subdivision of this state whenever a public meeting is in progress therein,
                  to the extent such place is subject to the jurisdiction of the county board of health;
                  </p>
               		
               
               <p class="incr1">
                  (16)
                  </p>
               		
               <p class="content2">
                  Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement
                  facilities, nursing homes and other multiple-unit residential facilities.
                  </p>
               		
               
            <p class="b0">
               Nothing in this article shall be interpreted as limiting or prohibiting the right
               of an owner or lessee of any building, from designating the building or a portion
               thereof as a nonsmoking building or establishment.
               </p>
            <p class="p0">
               <span class="ital">Restaurant</span> means an establishment open to the public which is engaged in the business of regularly
               and customarily selling food, primarily to be eaten on the premises. Restaurants shall
               include businesses that are referred to as restaurants, cafeterias, or cafes. Restaurants
               shall also include lunch stands, drink stands, grills, snack bars, fast-food businesses,
               and other establishments, such as drugstores which have a lunch counter or other section
               where food is sold to be eaten on the premises except that the term "restaurant" shall
               not include a cocktail lounge or tavern if such cocktail lounge or tavern is a "bar"
               as defined in this section.
               </p>
            <p class="p0">
               <span class="ital">Smoking</span> means inhaling, exhaling, burning, or carrying any lighted cigar, lighted cigarette,
               or other lighted tobacco product in any manner or in any form.
               </p>
            <p class="p0">
               <span class="ital">Sports facility</span> means an enclosed sports facility including, but not limited to, sports pavilions,
               bowling alleys, gymnasiums, health spas, boxing arenas, swimming pools, roller and
               ice skating rinks, where members of the general public assemble either to engage in
               or witness physical exercise or events.
               </p>
            <p class="p0">
               <span class="ital">Worksite</span> means any enclosed area which employees normally frequent during the course of employment,
               including but not limited to, work areas, employee lounges and restrooms, conferences
               and classrooms, employee cafeterias and hallways.
               </p>
            <p class="historynote0">
               (Ord. of 10-12-93, Â§ III)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Definitions and rules of construction generally, <a href="" data-chunk-id="COOR_CH1GEPR_S1-2DERUCO" class="section-link" data-product-id="12479">Â§ 1-2</a>.
               </p></div>