[§328J‑1]  Definitions. As used in this chapter, unless the context otherwise requires:

"Bar" means an establishment that isdevoted to the serving of alcoholic beverages for consumption by guests on thepremises regardless of whether food is served, including but not limited totaverns, cocktail lounges, and cabarets, including outdoor areas of bars.

"Building" means any area enclosed orpartially enclosed by a roof and at least three walls.

"Business" means a soleproprietorship, partnership, joint venture, corporation, or other businessentity, either for-profit or not-for-profit, including retail establishmentswhere goods or services are sold, professional corporations, and other entitieswhere legal, medical, dental, engineering, architectural, or other professionalservices are delivered.

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"Employee" means a person who isemployed by an employer in consideration for direct or indirect monetary wagesor profit, and a person who volunteers the person's services for a nonprofitentity.

"Employer" means a person, business,partnership, association, corporation, including the State or any of itspolitical subdivisions, a trust, or nonprofit entity that employs the servicesof one or more individual persons, but shall not include the United States.

"Enclosed or partially enclosed"means closed in by a roof or overhang and at least two walls.  Enclosed orpartially enclosed areas include but are not limited to areas commonlydescribed as public lobbies, lanais, interior courtyards, patios, and coveredwalkways.

"Health care facility" means anoffice or institution, including all waiting rooms, hallways, private rooms,semiprivate rooms, and wards, which provides care or treatment of diseases,whether physical, mental, or emotional, or other medical, physiological, orpsychological conditions, including but not limited to hospitals,rehabilitation hospitals or other clinics, including weight control clinics,nursing homes, homes for the aging or chronically ill, laboratories, andoffices of surgeons, chiropractors, physical therapists, physicians, dentists,and all specialists within these professions.

"Multifamily dwelling" means abuilding containing more than two dwelling units.

"Nightclub" means an establishment inwhich live entertainment is provided or facilities for dancing by patronseither by live entertainment or recorded music may be provided, regardless ofwhether alcoholic beverages are served.

"Open to the public" means enclosedor partially enclosed areas to which the public is invited or permitted andareas within any building available for use by or accessible to the generalpublic during the normal course of business conducted therein by either privateor public entities, including but not limited to bars, educational facilities,financial institutions, health care facilities, hotel and motel lobbies,lanais, laundromats, public transportation facilities, including airport areasfrom curb to cabin and including all areas within and immediately in front ofand adjacent to passenger terminals and pick-up areas, throughout the airportfacility, and up to the passenger loading gates of all state airports,reception areas, restaurants, retail food production and marketingestablishments, retail service establishments, retail stores, shopping malls,sports arenas, theaters, and waiting rooms, but does not include a privateresidence unless it is used as a child care, adult day care, or health carefacility.

"Place of employment" means an areaunder the control of a public or private employer that employees normallyfrequent during the course of employment, including but not limited toauditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms,elevators, employee lounges, hallways, medical facilities, meeting rooms,private offices, restrooms, and stairs.  A private residence is not a"place of employment" unless it is used as a child care, adult daycare, or health care facility.

"Restaurant" means an eatingestablishment, including but not limited to coffee shops, cafeterias, sandwichstands, and private and public school cafeterias, which gives or offers forsale food to the public, guests, or employees, as well as kitchens and cateringfacilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" includes a bar area within the restaurant andoutdoor areas of restaurants. 

"Retail tobacco store" means a retailstore used primarily for the sale of tobacco products and accessories.

"Service line" means an indoor linein which one or more persons are waiting for or receiving service of any kind,whether or not the service involves the exchange of money.

"Shopping mall" means an enclosed orpartially enclosed public walkway or hall area that serves to connect retail orprofessional establishments.

"Smoke" or "smoking" meansinhaling or exhaling the fumes of tobacco or any other plant material, orburning or carrying any lighted smoking equipment for tobacco or any otherplant material.

"Sports arena" means any sportspavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, rolleror ice rink, bowling alley, and any other similar place where members of thegeneral public assemble to engage in physical exercise, participate in athleticcompetition, or witness sports or other events. [L 2006, c 295, pt of §2]