§ 22-113. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative area means the area of an establishment not generally accessible to the public, including, but not limited to, individual offices, stockrooms, employee lounges or meeting rooms.

Dining area means any area containing a counter, booths or tables upon which meals are served.

Director means the director of the department designated by the city manager to enforce and administer this article or the director's designated representative.

Employee means any person who is employed for direct or indirect monetary wages or profit.

Employer means any person who employs one or more persons.

Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies.

Food processing establishment means a commercial establishment in which food is manufactured or packaged for human consumption. The term "food processing establishment" does not include a food service establishment, retail food store, or commissary operation.

Food service establishment means any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided. The term "food service establishment" includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term "food service establishment" also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term "food service establishment" does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines and supply vehicles.

Hospital means any institution that provides medical, surgical, and overnight facilities for patients.

Lounge bar means all areas of any establishment having 70 percent of its gross sales from the sale of alcoholic beverages for on-premises consumption.

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

Public place means any enclosed indoor area that is used by the general public, or that is a place of employment, and includes, but is not limited to, stores, offices, and other commercial establishments; restaurants, public and private institutions of higher education; and health care facilities.

Public service area means any area to which the general public routinely has access for municipal services or which is designated a public service area in written policy.

Reasonably sized signs at entrances means signs with lettering that are a minimum of three-fourths inch in size stating "No Smoking Except In Designated Areas" and in letters which are a minimum of three-eighths inch in size stating "City of Tomball Ordinance." The universal emblem for "no smoking" will be used in addition to the wording.

Restaurant bar means any area of a restaurant, excluding the dining area that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food service, if any, is only incidental to the consumption of such beverages.

Retail and service establishments means any establishment which sells goods or services to the public.

Service line means 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.

Smoke or smoking means 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 of, emitting, or exhaling the smoke of a pipe, cigar or cigarette of any kind.

Workplace means any enclosed area of a structure, or portion thereof, intended for occupancy by employees, who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. The enclosed indoor area under the control of the employer shall include those areas to which employees have access to during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, employee conference rooms, and employee cafeterias. A private residence is not a place of employment.

(Code 1978, § 21.5-1; Code 1993, § 42-131)