§ 66-36. 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 an area the primary purpose of which is the selling and/or serving of alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food, if served at all, is only incidental to the consumption of such beverages. For purposes of this article, a bar located within a restaurant is considered a restaurant.

Business establishment means any sole proprietorship, partnership, limited partnership, association, joint venture, corporation, municipal corporation, non-profit, trust, franchise, enterprise, or other entity, including, but not limited to, professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, and other professional or consumer services are provided.

Cigar bar means either

(1)

A bar, as defined in this section, legally in operation, that generated ten (10) percent or more of its total annual gross income from the on-site sale of cigars and the rental of humidors, not including sales from vending machines, for the calendar year ending December 31, 2014, and every year thereafter; or

(2)

An entity that has a pending application to operate a cigar bar as of March 6, 2015, and after approval of the application by the city council by ordinance, generates ten percent or more of its total annual gross income from the on-site sale of cigars and the rental of humidors, not including sales from vending machines for the first year of operation and every year thereafter.

A cigar bar does not permit the smoking of cigarettes or vaping and shall not knowingly sell to or permit entrance to any person less than 21 years of age.

Department of health means the Department of Health of the City of New Orleans or the director's designee.

Director means the Director of the Department of Health of the City of New Orleans.

Electronic smoking device means any electronic product, not prescribed by a doctor, that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a product, whether or not sold separately.

Electronic smoking device business means a business establishment in which the primary activity is the sale, manufacture, or promotion of electronic smoking device products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.

Employee means any person who is employed by any employer in return for the payment of direct or indirect monetary wages or profits, or any person who volunteers his services to such employer for nonmonetary compensation.

Employer means a person or business establishment that employs the services of one or more employees.

Enclosed area means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.

Gambling facility means any institution in which gaming operations are permitted to occur upon a riverboat, at the land-based casino, at a facility licensed for the operation of electronic video draw poker devices, at an eligible facility licensed for the operation of slot machines, by a licensed charitable organization, or at a pari-mutuel wagering facility or off-track wagering facility which is licensed for operation and regulated under the provisions of Chapters 4 and 11 of Title 4 and Chapters 4, 5, 6 and 7 of Title 27 of the Louisiana Revised Statutes of 1950, or any other gaming operations authorized by law.

Health care facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. Unless otherwise stated in this chapter, this definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

Hookah means a water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.

Hookah bar means a bar, as defined in this section, legally in operation that generated at least ten percent or more of its total annual gross income from on-site retail sales of shisha for consumption in hookahs on the premises by customers and the sale of accessories used for smoking shisha for the calendar year ending December 31, 2014 and every year thereafter. A hookah bar does not permit the smoking of cigarettes and shall not knowingly sell to or permit entrance to any person less than 21 years of age.

Park means any outdoor area accommodating or having facilities for rest or recreation (including passive activities) or playground designed at least in part to be used by children that has play or sports equipment installed or that has been designed or landscaped for play, sports, or leisure activities on grounds owned, occupied or operated by the city or an agency thereof, or any similar facility located on public school grounds.

Place of employment means any area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, temporary offices (such as trailers), hallways, and vehicles. A private residence is not a place of employment within the meaning of this subdivision unless a child care, adult day care, or health care facility is operated therein or unless it is a common area of a multi-unit dwelling.

Private club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.

Public event means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.

Public meeting means any meeting held in the city open to the public pursuant to R.S. 42:13.

Public place means any areas to which the public is customarily invited or permitted, or areas available to the general public in business and non-profit entities patronized by the public including, but not limited to: aquariums; adult day care facilities; banks; bars; bingo facilities; child care facilities; convention centers; educational facilities; elevators; galleries; gambling facilities; health care facilities; hotel and motel lobbies, common areas, and all rooms; laundromats; museums; parking structures; polling places; professional offices; public property; lobbies; hallways or common areas of apartment buildings, condominiums, trailer park facilities, nursing homes or multi-unit residential facilities; public restrooms; public transportation vehicles and facilities; reception areas; restaurants; retail food production and marketing establishments; retail service establishments; retail stores; service lines; shopping malls; sports arenas; libraries; theaters; concert halls; waiting areas; and rooms, chambers, and places of public meeting or public assembly, including school buildings under the control of an agency, board, commission, committee or council of the City of New Orleans or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the City of New Orleans. A private residence is not a public place within the meaning of this subdivision unless a child care, adult day care, or health care facility is operated therein or unless it is a common area of a multi-unit dwelling.

Public property means any vehicle, building or other location or site within the City of New Orleans owned, leased, occupied, or operated by any of the following:

(a)

The state, including the legislative, executive, and/or judicial branches of state government.

(b)

The city or any instrumentality or agency thereof, or any other political subdivision of the state, special district, authority, commission, or agency.

(c)

Any other separate corporate instrumentality or entity of state or local government.

Restaurant means any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, kitchen, catering facility, or other eating establishment, or part of any organization, club boardinghouse, or guesthouse, which gives or offers for sale food to the public, guests, employees, or patrons, whether food is customarily served or consumed on or off the premises. The term "restaurant" shall include a bar located within a restaurant.

Retail store means any place which, in the regular course of business, sells goods directly to the public.

Secondhand smoke means smoke emitted from a lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form, when the smoker is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the smoker. Secondhand smoke also includes aerosol or vapor from the use of an electronic smoking device emitted, in any manner or in any form, when the smoker is not inhaling, at the mouthpiece during puff drawing, and when the smoker is exhaling.

Service line or waiting area means a queue, line or other formation of persons, whether seated or standing, in which one or more persons are waiting for, providing or receiving service of any kind, whether or not such service involves an exchange of consideration.

Smoking means inhaling, exhaling, burning, carrying, or possessing any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.

Sports arena means any pavilion, stadium, amphitheater, gymnasium, health spa, arena, swimming pool, roller or ice skating rink, bowling alley or other similar place where members of the general public may assemble either to engage in physical exercise, participate in athletic competition or witness sports when used for the purpose of engaging in physical exercise, participating in athletic competition, or witnessing sports events.

Theater means any auditorium or building used for or designed for the primary purpose of exhibiting movies, stage drama, musical recital, dance, lecture, or other similar performance.

Tobacco business means a business establishment in which the primary activity is the sale, manufacture, or promotion of tobacco or tobacco products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.

Tobacco product means any product(s) that is used to consume tobacco or any product that contains any tobacco leaf, including, but not limited to, cigarettes, cigars, cigarillos, blunts, snuff, creamy snuff, dipping/chewing tobacco, flavored tobacco, tobacco water, tobacco paste, gutka, kretek, shisha, and roll-your-own cigarettes.

Tobacco retailer means any person, retail store, or other legal entity who knowingly sells, donates, distributes, or delivers to any person(s), whether or not any form of consideration is provided, tobacco products.

Vaping means the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.

(M.C.S., Ord. No. 26201, § 1, 1-22-15; M.C.S., Ord. No. 26338, § 1, 4-9-15, eff. 4-22-15; M.C.S., Ord. No. 26415, § 1, 5-14-15)