§ 12-52. Definitions.

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

Bar. An establishment, whether termed a private club or public establishment, cocktail lounge or tavern, that is devoted primarily to the sale and service of alcoholic beverages for on-premises consumption and where the service of food, if any, is incidental to the consumption of such beverages. The service of food shall not be considered incidental if the private club or public establishment derives at least thirty (30) percent of its annual gross income from such service.

Electronic smoking device . Any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Enclosed area. All space partially enclosed between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.

Manager. The owner, lessee, vendor, operator, or other person in charge of a public place.

Person. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Place of employment. An enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, hallways, classrooms, dressing rooms, and employee cafeterias or dining areas. A private residence is not "a place of employment" unless it is used as a child care, adult day care, or health care facility. A "bar" and a "retail tobacco store" are not places of employment for purposes of this section. An enclosed private office that is not occupied by a nonsmoking employee, or which an employee must enter regularly in the performance of his job related duties, is not a place of employment for purposes of this section.

Public place.

(1)

Any enclosed indoor area to which the public is invited, or in which the public is permitted, or which is used by the public or private club members and guests, except designated hotel and motel guest rooms. A private residence which does not qualify as a place of employment is not a public place.

(2)

Any building, motor vehicles or swimming pool, owned or operated by the City of Pine Bluff.

(3)

A ten (10) foot buffer zone extending outward in an arc and measured from the center point of any public doorway or entrance utilized by the public to an enclosed indoor area regulated by this article.

Restaurant. An eating establishment, including but not limited to, dining establishments, private clubs, coffee shops, cafeterias, sandwich shops, and private or public school cafeterias, which give or offer for sale food to the public, guests, or employees, as well as non-residential kitchens and catering facilities in which food is prepared on the premises for service elsewhere. The term "restaurant" shall include a bar area with the restaurant.

Retail tobacco store. A retail store utilized primarily for the sale and use of tobacco products and accessories and in which the sale of other products is merely incidental.

Smoking. Carrying, holding or burning a lighted pipe, cigar, cigarette of any kind, or electronic smoking device; or the lighting, inhaling, or exhaling or any lighted pipe, cigar, cigarette,

(Ord. No. 6142, § 2, 6-6-05; Ord. No. 6569, §§ 1.b., c., 4-3-17)