§ 102.01. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Bar." Any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages.

"Eating establishment." Any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.

"Educational facilities." Any public or private institution providing formal education including day care centers.

"Employee." Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.

"Employer." Any person who employs the services of an individual person or any person in charge of a place of employment.

"Establishment." Any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.

"Health-care facility." Any hospital, rest home, nursing home, doctors' or dentists' office, lab or other establishments involved in the provision of health care.

"Lobbies and waiting areas." A hall, or waiting room at or near, but not limited to the entrance to a building, such as hotels, apartment houses or theaters.

"No smoking sign." The international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) which shall be used for signs indicating that smoking is prohibited. The no smoking sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.

"Person." Any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.

"Place of employment." That portion of any enclosed, indoor area under the control of a public or private employer which employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses, and laboratories.

"Proprietor." The owner, manager, operator or other person in charge of a public place.

"Public." Means that the general public is invited, permitted or has access to the site or event without regard to membership or association with a particular organization or group.

"Public place" means that portion of any enclosed indoor area to which members of the general public are invited or in which members of the general public are permitted.

"Retail tobacco store." A retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a retail store such as a department store, discount store, or supermarket.

"Smoking material." Any cigar, cigarette, pipe, weed, plant, or other smoking equipment in any form.

"Tobacco vending machines." Electro/mechanical devices dispensing tobacco products to the general public.

(Ord. 992-1991; Ord. 454-1990; Ord. 242-1988)