§ 86-31. 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:

Bar means:

(1)

An enclosed area which is primarily devoted to the serving of alcoholic beverages, wine, malt beverages and/or distilled spirits, for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages; and

(2)

Any adult entertainment premises as defined in this Code.

Although a food service establishment may contain a bar, the term "bar" shall not include the food service establishment dining area. The terms "wine," "malt beverages" and "distilled spirits" are defined in section 10-1.

Designated smoking area:

(1)

In a food service establishment means an area of contiguous seating where smoking is permitted and which:

a.

Is situated so existing barriers and ventilation systems are used to minimize the toxic effects of smoke;

b.

Is marked by appropriate signs; and

c.

Does not include service lines or cashier areas.

(2)

In all other areas means any enclosed indoor area in which smoking is permitted. Such smoking area shall be clearly designated and separate from any area in which smoking is not permitted. In a place of employment, the designated smoking area shall be separated from a smoke-free work area by floor-to-ceiling walls or ventilation technology effective in reducing the effects of smoke on the smoke-free area other than portable air cleaning devices; provided, however, that no restrooms or employee lounges shall be "designated smoking areas."

Dining area means any enclosed area containing a counter or tables upon which food is served.

Employer means any person who employs one or more persons, including the legislative, executive and judicial branches of city government.

Food service establishment means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts or other edible products. The term includes restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, both public and private, food carts, industrial cafeterias, both public and private, food carts, industrial cafeterias, catering establishments, food vending vehicles and operations connected therewith, and similar facilities by whatever name called. The term "food service establishment" shall not mean an establishment which does not provide seating or facilities for consumption of food on premises or a "food sales establishment" shall not include any dining area located within a health care, educational or child care facility. Food courts within enclosed shopping malls shall be treated as food service establishments under this article. When determining food service establishment seating capacity, outdoor seating will not be included in the total number.

Health department means the Fulton County health department.

Place of employment means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, employee lounges, conference and meeting rooms, lobbies and reception areas.

(1)

A private residence is not a "place of employment" unless it is used as a child care facility or a health care facility.

(2)

The dining area of a food service establishment shall not be treated as a "place of employment" under this article.

Public place means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, restaurants, stores, offices, waiting rooms, lobbies, public transit, restrooms, enclosed shopping malls, educational, recreational and health care facilities, child care facilities, auditoriums, theaters, sports arenas, service lines, airports, and meeting rooms. A private residence is not a "public place" unless it is used as a child care facility or a health care facility.

Retail tobacco store means a retail store in which the sale of tobacco products designed for smoking comprises more than 50 percent of its receipts.

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

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other smoking equipment in any manner or form.

Sports arena means enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.

Tobacco business means a sole proprietorship, corporation, partnership, or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products or accessories, and in which the sale, manufacture or promotion of other products is merely incidental.

Work area means an area in a place of employment where one or more employees are routinely assigned and perform services for their employer.

(Code 1977, § 9-8001)

Cross reference

Definitions generally, § 1-2.