§ 12-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Building shall mean a structure having outside walls for its perimeter and a roof over the entire area surrounded by such outside walls.

Designated smoking area shall mean any area designated and operated in accordance with the requirements of section 12-58, "designated smoking areas."

Employee shall mean any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services without wages or other compensation.

Employer shall mean any person, organization or entity employing the services of any person, whether or not such employed person is compensated for those services.

Enclosed area shall mean all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) that extend from the floor to the ceilings, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.

Establishment shall mean the buildings or facilities in which a business, enterprise or undertaking, whether or not for profit, is conducted. In the event that a single business or undertaking is conducted in two (2) or more adjacent buildings, those building together shall comprise the establishment for the purpose of this article.

Independently ventilated shall mean ventilated so as to prevent the mixing of air between any area in which smoking is allowed and any smoke-free area.

Performance hall shall mean any area or facility that is primarily used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other similar performance, including but not limited to, concert halls and theaters. An establishment that is used for another, primary purpose, and that has musical or other performances on an occasional basis as incidental or complementary to that different and primary use, shall not be considered to be a performance hall. For example, a freestanding bar that occasionally provided or allows the performance of live music is not a performance hall.

Physically separated shall mean separated by physical barriers, such as walls and doors extending from floor to ceiling, so as to prevent the mixing of air between any area in which smoking is allowed and any smoke-free area.

Place of employment shall mean any area under the control of a public or private employer that employees normally frequent or use during the course of employment, including, by not limited to, work areas, employees lounges and restrooms, conference and class rocks, employee cafeterias and hallways. Place of employment shall not include a private residence unless the residence is used as a child care, adult day care or health care facility.

Private club shall mean any establishment that has a defined membership and restricts admission to members of the club and their guests. Private club shall not include an establishment that is open to members of the general public upon payment of a nominal fee. A private club shall not be considered a public place except when it is the site of a meeting event or activity that is open to the public.

Private function shall mean any activity that is restricted to invited guests in a nonpublic setting.

Public place shall mean any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, attached and free-standing bars, banks, commercial bingo facilities, convention halls, educational facilities, child-care, adult day care or medical or health care facilities, convention halls, polling places, public buildings, professional offices, public transportation facilities and vehicles, reception areas, restaurants, retail food production and marketing/grocery establishments, retail service establishments, retail stores, service lines, and sports arenas. Every room, chamber, place of meeting or public assembly shall be considered a public place during the time that a public meeting is in progress. All areas of an establishment that are open to, or customarily used by, the general public, including but not limited to elevators, restrooms, lobbies, reception areas, hallways, waiting rooms, and other common areas, are public places. A private club shall be considered a public place when functions are held at the club that are open to the public. A private residence shall be considered a public place only when in use as a child-care, adult day care, or health care facility. Common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities are public places.

Restaurant shall mean any coffee shop, cafeteria, sandwich stand, private or public-school cafeteria, and any other eating establishment that gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. If any establishment serves malt, vinous and/or spirituous liquors and regularly serves or offers for sale or gives to its patrons any food, snacks, or any packaged editable items, such establishment shall be considered a restaurant regardless of the category of the alcohol license under which it operates.

Retail tobacco store shall mean a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental.

Service line shall mean any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of property.

Smoke or smoking shall mean:

(1)

Carrying or placing of a lighted cigarette or lighted cigar or lighted pipe or any other lighted smoking equipment in one's mouth for the purpose of inhaling or exhaling smoke or plowing smoke rings;

(2)

Placing of a lighted cigarette or lighted cigar or lighted pipe or any other lighted smoking equipment in an ashtray or other receptacle, and allowing smoke to diffuse in the air;

(3)

Carrying or placing of a lighted cigarette or lighted cigar or lighted pipe or any other lighted smoking equipment in one's hands or any appendage or device and allowing smoke to diffuse in the air, or;

(4)

Inhaling or exhaling smoke from a lighted cigarette or lighted cigar or lighted pipe or other lighted smoking equipment.

Short title of this article shall mean "The 2004 No Smoking Ordinance of the City of Cordele, Georgia."

Smoke-free shall mean that an establishment or the premises controlled by that establishment has been declared to be a place in which smoking is prohibited, whether by the terms of this article or by the owner or operator of the establishment.

(Ord. No. 0-04-08, § 1, 4-20-04)