§ 48-2. Definitions.

For the purposes of this chapter, the following terms have the respective meanings ascribed to them in this section, except in those instances where the context indicates a different meaning:

(1)

Air curtain or airstream means a directionally-controlled airstream, moving across the entire height and width of an opening, which reduces the infiltration or transfer of air from one (1) side of the opening to the other and/or inhibits insects, dust or debris from passing through the opening.

(2)

Bar area means that area of a restaurant that is set apart from the main dining area and has as its primary function the service of alcoholic beverages.

(3)

Bingo parlor means any premises or bingo occasion regulated under the "Bingo Enabling Act," Chapter 2001 of the V.T.C.A. Occupations Code.

(4)

Child care facility means a place other than the child's or children's own home or house in which care, supervision and guidance of a child or children unaccompanied by parents or custodian is provided on a regular basis, as further defined in Chapter 13 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

(5)

Day care center is a commercial establishment which may be a day nursery school, kindergarten, child play school, child development center, early childhood center or registered family home.

(6)

Employee means any person who works for hire, including an independent contractor and any person who is working as a volunteer for a nonprofit entity.

(7)

Employer means any person (partnership, corporation, association or other entity) employing one (1) or more employees.

(8)

Enclosed area means 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 ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

(9)

Environmental tobacco smoke means ambient smoke resulting from the act of smoking, including exhaled mainstream smoke and side-stream smoke.

(10)

Food products establishment means an operation that:

a.

Sells food and/or beverages, including alcoholic beverages;

b.

Serves food to an ultimate consumer; or

c.

Manufactures, processes, distributes, stores, prepares or transports food that is to be sold; and includes the facility from which the establishment operates and the person that owns, controls or manages the operation.

d.

A restaurant is a food products establishment.

(11)

Health care facility means any facility that provides health care, medical, surgical, psychological, psychiatric, or personal care services, including, but not limited to, adult day-care facilities, assisted living facilities, community mental health centers, crisis stabilization unit, end stage renal disease facility, hospitals, nursing homes, psychiatric hospitals, special care facilities or special hospitals.

(12)

Movie house means any facility engaged in the business of exhibiting motion pictures to the public.

(13)

Patio means an unenclosed seating area connected with and contiguous to a facility that is open to the public or is a workplace, and either of which is separated from the interior of the building by solid walls, fixed glazing or self-closing doors.

(14)

Person means an individual, firm, partnership, association, or other legal entity.

(15)

Private club means any establishment, building or facility to which the general public is not invited or in which the public is not permitted, including, but not limited to, private fraternal, social, recreational, political or religious clubs or organizations by membership or invitation only. A privately-owned business, open to the public, is not a "private club."

(16)

Public facility means any building, structure or appurtenant areas of a public place. This includes office buildings, hotels, other commercial buildings, and retail facilities.

(17)

Public place or public area means any area, facility or building to which the general public routinely has access, whether publicly or privately owned, which is open to or accessible by individuals in the course of business, recreation, employment, the purchase of goods or services, health care, child care or any other activity. A public place does not include a private club as defined above.

(18)

Retail and service establishment means any establishment that sells goods or services to the general public.

(19)

Service line means any 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 money.

(20)

Smoke-free entrance zone means that area within twenty-five (25) feet from the main entrance door of any building where smoking is prohibited.

(21)

Smoking means the combustion of any cigar, cigarette, pipe or similar article, using any form of tobacco or other combustible substance in any form. This includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, and the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

(22)

Theater means a building in which live performances are presented to an audience.

(23)

Tobacco-related business means a retail or service establishment whose primary business involves the sale of tobacco, tobacco products or tobacco smoking implements.

(24)

Unenclosed area means an area in an exterior environment that is not enclosed within the conditioned interior space of a building.

(25)

Workplace means any enclosed area under the control of any public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility or other permitted business use.

(Ord. No. 2015-9662 , § 1, 2-19-15)