The following words and phrases, whenever used in this regulation, shall
be construed as defined in this section:
BUSINESS
Any sole proprietorship, 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 delivered.
EMPLOYEE
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 for a nonprofit entity.
EMPLOYER
Any person, partnership, corporation, including a municipal corporation,
or nonprofit entity, who employs the services of one or more individual persons.
ENCLOSED AREA
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, "office landscaping"
or similar structures.
FREESTANDING DISPLAY
Self-service products; products that do not require clerk assistance
to handle or reach.
PLACE OF EMPLOYMENT
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, work areas, employee lounges and restrooms, conferences
and classrooms, employee cafeterias and hallways. A private residence is not
a place of employment unless it is used as a child-care or health-care facility.
PUBLIC PLACE
An enclosed, indoor area when open to and used by the general public,
including, but not limited to, the following facilities: licensed child-care
locations; educational facilities; elevators accessible to the public; clinics
and nursing homes; inns, hotel and motel lobbies, stairwells, halls, entranceway,
and public restrooms; libraries; schools; municipal buildings; museums; retail
stores; indoor sports arenas; theaters; auditoriums; public transit facilities;
and any rooms or halls when used for public meetings. A room or hall used
for private social functions in which the sponsor of the private function
and not the owner or proprietor has control over the seating arrangements
shall not be construed as a public place.
RETAIL TOBACCO STORE
A retail store utilized for the sale of tobacco products and accessories
and in which the sale of other products is merely incidental.
SERVICE LINE
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
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette,
weed, plant or other combustible substance in any manner or in any form.
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas, swimming
pools, roller and ice skating rinks, bowling alleys and other similar places
where members of the general public assemble either to engage in physical
exercise, participate in athletic competition, or witness sports events.
TOBACCO VENDING MACHINE
Any machine or device designated for or used for the vending of cigarettes,
cigars, or tobacco products upon the insertion of coins, trade checks, or
slugs.
VENTILATION
A mechanical system to remove tobacco smoke. Particulate air cleaners
or filtration systems are not considered ventilation.
"No Smoking" signs or 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) shall be clearly, sufficiently and conspicuously
posted in every building or other place where smoking is regulated by this
regulation by the owner, operator, manager or other person having control
of such building or other place.
These regulations shall not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable health, safety or fire
codes, regulations or statutes.