142D.2 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Bar" means an establishment where one may purchase
alcoholic beverages, as defined in section 123.3, for consumption on
the premises and in which the serving of food is only incidental to
the consumption of those beverages.
2. "Business" means a sole proprietorship, partnership, joint
venture, corporation, association, or other business entity, either
for-profit or not-for-profit, including retail establishments where
goods or services are sold; professional corporations and other
entities where legal, medical, dental, engineering, architectural, or
other professional services are delivered; and private clubs.
3. "Common area" means a reception area, waiting room, lobby,
hallway, restroom, elevator, stairway or stairwell, the common use
area of a multiunit residential property, or other area to which the
public is invited or in which the public is permitted.
4. "Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or profit, or
a person who provides services to an employer on a voluntary basis.
5. "Employer" means a person including a sole proprietorship,
partnership, joint venture, corporation, association, or other
business entity whether for-profit or not-for-profit, including state
government and its political subdivisions, that employs the services
of one or more individuals as employees.
6. "Enclosed area" means all space between a floor and
ceiling that is contained on all sides by solid walls or windows,
exclusive of doorways, which extend from the floor to the ceiling.
7. "Farm tractor" means farm tractor as defined in section
321.1.
8. "Farm truck" means a single-unit truck, truck-tractor,
tractor, semitrailer, or trailer used by a farmer to transport
agricultural, horticultural, dairy, or other farm products, including
livestock, produced or finished by the farmer, or to transport any
other personal property owned by the farmer, from the farm to market,
and to transport property and supplies to the farm of the farmer.
9. a. "Farmer" means any of the following:
(1) A person who files schedule F as part of the person's annual
form 1040 or form 1041 filing with the United States internal revenue
service, or an employee of such person while the employee is actively
engaged in farming.
(2) A person who holds an equity position in or who is employed
by a business association holding agricultural land where the
business association is any of the following:
(a) A family farm corporation, authorized farm corporation,
family farm limited partnership, limited partnership, family farm
limited liability company, authorized limited liability company,
family trust, or authorized trust, as provided in chapter 9H.
(b) A limited liability partnership as defined in section
486A.101.
(3) A natural person related to the person actively engaged in
farming as provided in subparagraph (1) or (2) when the person is
actively engaged in farming. The natural person must be related as
spouse, parent, grandparent, lineal ascendant of a grandparent or a
grandparent's spouse, other lineal descendant of a grandparent or a
grandparent's spouse, or a person acting in a fiduciary capacity for
persons so related.
b. For purposes of this subsection, "actively engaged in
farming" means participating in physical labor on a regular,
continuous, and substantial basis, or making day-to-day management
decisions, where such participation or decision making is directly
related to raising and harvesting crops for feed, food, seed, or
fiber, or to the care and feeding of livestock.
10. "Health care provider location" means an office or
institution providing care or treatment of disease, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including but not limited to a hospital as
defined in section 135B.1, a long-term care facility, an adult day
services program as defined in section 231D.1, clinics, laboratories,
and the locations of professionals regulated pursuant to Title IV,
subtitle III, and includes all enclosed areas of the location
including waiting rooms, hallways, other common areas, private rooms,
semiprivate rooms, and wards within the location.
11. "Implement of husbandry" means implement of husbandry as
defined in section 321.1.
12. "Long-term care facility" means a health care facility as
defined in section 135C.1, an elder group home as defined in section
231B.1, or an assisted living program as defined in section 231C.2.
13. "Place of employment" means an area under the control of
an employer and includes all areas that an employee frequents during
the course of employment or volunteering, including but not limited
to work areas, private offices, conference and meeting rooms,
classrooms, auditoriums, employee lounges and cafeterias, hallways,
medical facilities, restrooms, elevators, stairways and stairwells,
and vehicles owned, leased, or provided by the employer unless
otherwise provided under this chapter. "Place of employment"
does not include a private residence, unless the private residence is
used as a child care facility, a child care home, or as a health care
provider location.
14. "Political subdivision" means a city, county, township,
or school district.
15. "Private club" means an organization, whether or not
incorporated, that is the owner, lessee, or occupant of a location
used exclusively for club purposes at all times and that meets all of
the following criteria:
a. Is operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not for
pecuniary gain.
b. Sells alcoholic beverages only as incidental to its
operation.
c. Is managed by a board of directors, executive committee,
or similar body chosen by the members.
d. Has established bylaws or another document to govern its
activities.
e. Has been granted an exemption from the payment of federal
income tax as a club pursuant to 26 U.S.C. § 501.
16. "Public place" means an enclosed area to which the public
is invited or in which the public is permitted, including common
areas, and including but not limited to all of the following:
a. Financial institutions.
b. Restaurants.
c. Bars.
d. Public and private educational facilities.
e. Health care provider locations.
f. Hotels and motels.
g. Laundromats.
h. Public transportation facilities and conveyances under the
authority of the state or its political subdivisions, including buses
and taxicabs, and including the ticketing, boarding, and waiting
areas of these facilities.
i. Aquariums, galleries, libraries, and museums.
j. Retail food production and marketing establishments.
k. Retail service establishments.
l. Retail stores.
m. Shopping malls.
n. Entertainment venues including but not limited to
theaters; concert halls; auditoriums and other facilities primarily
used for exhibiting motion pictures, stage performances, lectures,
musical recitals, and other similar performances; bingo facilities;
and indoor arenas including sports arenas.
o. Polling places.
p. Convention facilities and meeting rooms.
q. Public buildings and vehicles owned, leased, or operated
by or under the control of the state government or its political
subdivisions and including the entirety of the private residence of
any state employee any portion of which is open to the public.
r. Service lines.
s. Private clubs only when being used for a function to which
the general public is invited.
t. Private residences only when used as a child care
facility, a child care home, or health care provider location.
u. Child care facilities and child care homes.
v. Gambling structures, excursion gambling boats, and
racetrack enclosures.
17. "Restaurant" means eating establishments, including
private and public school cafeterias, which offer food to the public,
guests, or employees, including the kitchen and catering facilities
in which food is prepared on the premises for serving elsewhere, and
including a bar area within a restaurant.
18. "Retail tobacco store" means a retail store utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is incidental to the sale of tobacco
products.
19. "Service line" means an indoor line in which one or more
individuals are waiting for or receiving service of any kind, whether
or not the service involves the exchange of money.
20. "Shopping mall" means an enclosed public walkway or hall
area that serves to connect retail or professional establishments.
21. "Smoking" means inhaling, exhaling, burning, or carrying
any lighted cigar, cigarette, pipe, or other tobacco product in any
manner or in any form. "Smoking" does not include smoking that
is associated with a recognized religious ceremony, ritual, or
activity, including but not limited to burning of incense.
22. "Sports arena" means a sports pavilion, stadium,
gymnasium, health spa, boxing arena, swimming pool, roller or ice
rink, bowling alley, or other similar place where members of the
general public assemble to engage in physical exercise, participate
in athletic competition, or witness sports or other events.
142D.2 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Bar" means an establishment where one may purchase
alcoholic beverages, as defined in section 123.3, for consumption on
the premises and in which the serving of food is only incidental to
the consumption of those beverages.
2. "Business" means a sole proprietorship, partnership, joint
venture, corporation, association, or other business entity, either
for-profit or not-for-profit, including retail establishments where
goods or services are sold; professional corporations and other
entities where legal, medical, dental, engineering, architectural, or
other professional services are delivered; and private clubs.
3. "Common area" means a reception area, waiting room, lobby,
hallway, restroom, elevator, stairway or stairwell, the common use
area of a multiunit residential property, or other area to which the
public is invited or in which the public is permitted.
4. "Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or profit, or
a person who provides services to an employer on a voluntary basis.
5. "Employer" means a person including a sole proprietorship,
partnership, joint venture, corporation, association, or other
business entity whether for-profit or not-for-profit, including state
government and its political subdivisions, that employs the services
of one or more individuals as employees.
6. "Enclosed area" means all space between a floor and
ceiling that is contained on all sides by solid walls or windows,
exclusive of doorways, which extend from the floor to the ceiling.
7. "Farm tractor" means farm tractor as defined in section
321.1.
8. "Farm truck" means a single-unit truck, truck-tractor,
tractor, semitrailer, or trailer used by a farmer to transport
agricultural, horticultural, dairy, or other farm products, including
livestock, produced or finished by the farmer, or to transport any
other personal property owned by the farmer, from the farm to market,
and to transport property and supplies to the farm of the farmer.
9. a. "Farmer" means any of the following:
(1) A person who files schedule F as part of the person's annual
form 1040 or form 1041 filing with the United States internal revenue
service, or an employee of such person while the employee is actively
engaged in farming.
(2) A person who holds an equity position in or who is employed
by a business association holding agricultural land where the
business association is any of the following:
(a) A family farm corporation, authorized farm corporation,
family farm limited partnership, limited partnership, family farm
limited liability company, authorized limited liability company,
family trust, or authorized trust, as provided in chapter 9H.
(b) A limited liability partnership as defined in section
486A.101.
(3) A natural person related to the person actively engaged in
farming as provided in subparagraph (1) or (2) when the person is
actively engaged in farming. The natural person must be related as
spouse, parent, grandparent, lineal ascendant of a grandparent or a
grandparent's spouse, other lineal descendant of a grandparent or a
grandparent's spouse, or a person acting in a fiduciary capacity for
persons so related.
b. For purposes of this subsection, "actively engaged in
farming" means participating in physical labor on a regular,
continuous, and substantial basis, or making day-to-day management
decisions, where such participation or decision making is directly
related to raising and harvesting crops for feed, food, seed, or
fiber, or to the care and feeding of livestock.
10. "Health care provider location" means an office or
institution providing care or treatment of disease, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including but not limited to a hospital as
defined in section 135B.1, a long-term care facility, an adult day
services program as defined in section 231D.1, clinics, laboratories,
and the locations of professionals regulated pursuant to Title IV,
subtitle III, and includes all enclosed areas of the location
including waiting rooms, hallways, other common areas, private rooms,
semiprivate rooms, and wards within the location.
11. "Implement of husbandry" means implement of husbandry as
defined in section 321.1.
12. "Long-term care facility" means a health care facility as
defined in section 135C.1, an elder group home as defined in section
231B.1, or an assisted living program as defined in section 231C.2.
13. "Place of employment" means an area under the control of
an employer and includes all areas that an employee frequents during
the course of employment or volunteering, including but not limited
to work areas, private offices, conference and meeting rooms,
classrooms, auditoriums, employee lounges and cafeterias, hallways,
medical facilities, restrooms, elevators, stairways and stairwells,
and vehicles owned, leased, or provided by the employer unless
otherwise provided under this chapter. "Place of employment"
does not include a private residence, unless the private residence is
used as a child care facility, a child care home, or as a health care
provider location.
14. "Political subdivision" means a city, county, township,
or school district.
15. "Private club" means an organization, whether or not
incorporated, that is the owner, lessee, or occupant of a location
used exclusively for club purposes at all times and that meets all of
the following criteria:
a. Is operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not for
pecuniary gain.
b. Sells alcoholic beverages only as incidental to its
operation.
c. Is managed by a board of directors, executive committee,
or similar body chosen by the members.
d. Has established bylaws or another document to govern its
activities.
e. Has been granted an exemption from the payment of federal
income tax as a club pursuant to 26 U.S.C. § 501.
16. "Public place" means an enclosed area to which the public
is invited or in which the public is permitted, including common
areas, and including but not limited to all of the following:
a. Financial institutions.
b. Restaurants.
c. Bars.
d. Public and private educational facilities.
e. Health care provider locations.
f. Hotels and motels.
g. Laundromats.
h. Public transportation facilities and conveyances under the
authority of the state or its political subdivisions, including buses
and taxicabs, and including the ticketing, boarding, and waiting
areas of these facilities.
i. Aquariums, galleries, libraries, and museums.
j. Retail food production and marketing establishments.
k. Retail service establishments.
l. Retail stores.
m. Shopping malls.
n. Entertainment venues including but not limited to
theaters; concert halls; auditoriums and other facilities primarily
used for exhibiting motion pictures, stage performances, lectures,
musical recitals, and other similar performances; bingo facilities;
and indoor arenas including sports arenas.
o. Polling places.
p. Convention facilities and meeting rooms.
q. Public buildings and vehicles owned, leased, or operated
by or under the control of the state government or its political
subdivisions and including the entirety of the private residence of
any state employee any portion of which is open to the public.
r. Service lines.
s. Private clubs only when being used for a function to which
the general public is invited.
t. Private residences only when used as a child care
facility, a child care home, or health care provider location.
u. Child care facilities and child care homes.
v. Gambling structures, excursion gambling boats, and
racetrack enclosures.
17. "Restaurant" means eating establishments, including
private and public school cafeterias, which offer food to the public,
guests, or employees, including the kitchen and catering facilities
in which food is prepared on the premises for serving elsewhere, and
including a bar area within a restaurant.
18. "Retail tobacco store" means a retail store utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is incidental to the sale of tobacco
products.
19. "Service line" means an indoor line in which one or more
individuals are waiting for or receiving service of any kind, whether
or not the service involves the exchange of money.
20. "Shopping mall" means an enclosed public walkway or hall
area that serves to connect retail or professional establishments.
21. "Smoking" means inhaling, exhaling, burning, or carrying
any lighted cigar, cigarette, pipe, or other tobacco product in any
manner or in any form. "Smoking" does not include smoking that
is associated with a recognized religious ceremony, ritual, or
activity, including but not limited to burning of incense.
22. "Sports arena" means a sports pavilion, stadium,
gymnasium, health spa, boxing arena, swimming pool, roller or ice
rink, bowling alley, or other similar place where members of the
general public assemble to engage in physical exercise, participate
in athletic competition, or witness sports or other events.
142D.2 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Bar" means an establishment where one may purchase
alcoholic beverages, as defined in section 123.3, for consumption on
the premises and in which the serving of food is only incidental to
the consumption of those beverages.
2. "Business" means a sole proprietorship, partnership, joint
venture, corporation, association, or other business entity, either
for-profit or not-for-profit, including retail establishments where
goods or services are sold; professional corporations and other
entities where legal, medical, dental, engineering, architectural, or
other professional services are delivered; and private clubs.
3. "Common area" means a reception area, waiting room, lobby,
hallway, restroom, elevator, stairway or stairwell, the common use
area of a multiunit residential property, or other area to which the
public is invited or in which the public is permitted.
4. "Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or profit, or
a person who provides services to an employer on a voluntary basis.
5. "Employer" means a person including a sole proprietorship,
partnership, joint venture, corporation, association, or other
business entity whether for-profit or not-for-profit, including state
government and its political subdivisions, that employs the services
of one or more individuals as employees.
6. "Enclosed area" means all space between a floor and
ceiling that is contained on all sides by solid walls or windows,
exclusive of doorways, which extend from the floor to the ceiling.
7. "Farm tractor" means farm tractor as defined in section
321.1.
8. "Farm truck" means a single-unit truck, truck-tractor,
tractor, semitrailer, or trailer used by a farmer to transport
agricultural, horticultural, dairy, or other farm products, including
livestock, produced or finished by the farmer, or to transport any
other personal property owned by the farmer, from the farm to market,
and to transport property and supplies to the farm of the farmer.
9. a. "Farmer" means any of the following:
(1) A person who files schedule F as part of the person's annual
form 1040 or form 1041 filing with the United States internal revenue
service, or an employee of such person while the employee is actively
engaged in farming.
(2) A person who holds an equity position in or who is employed
by a business association holding agricultural land where the
business association is any of the following:
(a) A family farm corporation, authorized farm corporation,
family farm limited partnership, limited partnership, family farm
limited liability company, authorized limited liability company,
family trust, or authorized trust, as provided in chapter 9H.
(b) A limited liability partnership as defined in section
486A.101.
(3) A natural person related to the person actively engaged in
farming as provided in subparagraph (1) or (2) when the person is
actively engaged in farming. The natural person must be related as
spouse, parent, grandparent, lineal ascendant of a grandparent or a
grandparent's spouse, other lineal descendant of a grandparent or a
grandparent's spouse, or a person acting in a fiduciary capacity for
persons so related.
b. For purposes of this subsection, "actively engaged in
farming" means participating in physical labor on a regular,
continuous, and substantial basis, or making day-to-day management
decisions, where such participation or decision making is directly
related to raising and harvesting crops for feed, food, seed, or
fiber, or to the care and feeding of livestock.
10. "Health care provider location" means an office or
institution providing care or treatment of disease, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including but not limited to a hospital as
defined in section 135B.1, a long-term care facility, an adult day
services program as defined in section 231D.1, clinics, laboratories,
and the locations of professionals regulated pursuant to Title IV,
subtitle III, and includes all enclosed areas of the location
including waiting rooms, hallways, other common areas, private rooms,
semiprivate rooms, and wards within the location.
11. "Implement of husbandry" means implement of husbandry as
defined in section 321.1.
12. "Long-term care facility" means a health care facility as
defined in section 135C.1, an elder group home as defined in section
231B.1, or an assisted living program as defined in section 231C.2.
13. "Place of employment" means an area under the control of
an employer and includes all areas that an employee frequents during
the course of employment or volunteering, including but not limited
to work areas, private offices, conference and meeting rooms,
classrooms, auditoriums, employee lounges and cafeterias, hallways,
medical facilities, restrooms, elevators, stairways and stairwells,
and vehicles owned, leased, or provided by the employer unless
otherwise provided under this chapter. "Place of employment"
does not include a private residence, unless the private residence is
used as a child care facility, a child care home, or as a health care
provider location.
14. "Political subdivision" means a city, county, township,
or school district.
15. "Private club" means an organization, whether or not
incorporated, that is the owner, lessee, or occupant of a location
used exclusively for club purposes at all times and that meets all of
the following criteria:
a. Is operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not for
pecuniary gain.
b. Sells alcoholic beverages only as incidental to its
operation.
c. Is managed by a board of directors, executive committee,
or similar body chosen by the members.
d. Has established bylaws or another document to govern its
activities.
e. Has been granted an exemption from the payment of federal
income tax as a club pursuant to 26 U.S.C. § 501.
16. "Public place" means an enclosed area to which the public
is invited or in which the public is permitted, including common
areas, and including but not limited to all of the following:
a. Financial institutions.
b. Restaurants.
c. Bars.
d. Public and private educational facilities.
e. Health care provider locations.
f. Hotels and motels.
g. Laundromats.
h. Public transportation facilities and conveyances under the
authority of the state or its political subdivisions, including buses
and taxicabs, and including the ticketing, boarding, and waiting
areas of these facilities.
i. Aquariums, galleries, libraries, and museums.
j. Retail food production and marketing establishments.
k. Retail service establishments.
l. Retail stores.
m. Shopping malls.
n. Entertainment venues including but not limited to
theaters; concert halls; auditoriums and other facilities primarily
used for exhibiting motion pictures, stage performances, lectures,
musical recitals, and other similar performances; bingo facilities;
and indoor arenas including sports arenas.
o. Polling places.
p. Convention facilities and meeting rooms.
q. Public buildings and vehicles owned, leased, or operated
by or under the control of the state government or its political
subdivisions and including the entirety of the private residence of
any state employee any portion of which is open to the public.
r. Service lines.
s. Private clubs only when being used for a function to which
the general public is invited.
t. Private residences only when used as a child care
facility, a child care home, or health care provider location.
u. Child care facilities and child care homes.
v. Gambling structures, excursion gambling boats, and
racetrack enclosures.
17. "Restaurant" means eating establishments, including
private and public school cafeterias, which offer food to the public,
guests, or employees, including the kitchen and catering facilities
in which food is prepared on the premises for serving elsewhere, and
including a bar area within a restaurant.
18. "Retail tobacco store" means a retail store utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is incidental to the sale of tobacco
products.
19. "Service line" means an indoor line in which one or more
individuals are waiting for or receiving service of any kind, whether
or not the service involves the exchange of money.
20. "Shopping mall" means an enclosed public walkway or hall
area that serves to connect retail or professional establishments.
21. "Smoking" means inhaling, exhaling, burning, or carrying
any lighted cigar, cigarette, pipe, or other tobacco product in any
manner or in any form. "Smoking" does not include smoking that
is associated with a recognized religious ceremony, ritual, or
activity, including but not limited to burning of incense.
22. "Sports arena" means a sports pavilion, stadium,
gymnasium, health spa, boxing arena, swimming pool, roller or ice
rink, bowling alley, or other similar place where members of the
general public assemble to engage in physical exercise, participate
in athletic competition, or witness sports or other events.
