Gulfport Code of Ordinances § 7-185 Definitions.
Sec. 7-185. - Definitions.
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
(a) Bars means establishments or businesses that are not located or operated within or as part of a "restaurant" and which are devoted to the serving of liquor, beer, or wine or other alcoholic beverages for consumption by guests, patrons, or consumers on the premises and in which the serving of food is only incidental to the consumption of those beverages. The service of food is incidental to the consumption of alcoholic beverages when an establishment, business, or premises has less than fifteen (15) percent of the revenue derived from such place from the preparation, cooking, and serving of meals or food and the value of food given to and consumed by customers and not from the sale of alcoholic beverages. Unless they are located or situated in a stand-alone building or structure that does not contain or have any areas where smoking is prohibited or restricted herein or otherwise, "bars" shall be separated by a physical barrier from all locations and areas where smoking is prohibited or restricted, including self-closing, tight-fitting doors for all entrances and exits, and have a separate ventilation system from the locations and areas where smoking is prohibited or restricted. The physical barrier must form an effective membrane continuous from outside wall to outside wall, from smoke barrier to smoke barrier, from floor to floor or roof above, or a combination thereof, including continuity through all concealed spaces, such as above suspended ceilings, interstitial structural and mechanical spaces. The ventilation system must be an HVAC system designed by a licensed professional engineer to have a negative pressure on the area where smoking is permitted to prevent air from such area to be drawn across or into any location or area where smoking is prohibited or restricted, provide a total air exchange every fifteen (15) minutes, and exhaust smoking area air to the exterior of the building or structure at a distance sufficiently away from the doors, operable windows, or ventilation intakes of the building or structure to prevent the exhausted air from being drawn back into the building or structure. The system shall be operated such that smoke from the area where it is permitted does not enter any location or area where smoking is prohibited or restricted.
(b) Business means any sole proprietorship, partnership, joint venture, corporation or other business entity, either for profit or nonprofit, including, but not limited to, 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 or provided, and private clubs.
(c) Casino gaming area means the floor space used for gaming or where gaming occurs within a casino gaming establishment as well as areas immediately adjoining thereto or connected therewith, including, but not limited to, bars contiguous therewith or connected thereto, with such establishment licensed by the Mississippi Gaming Commission and located within the Entertainment-Gaming (EG) zoning district of the city. "Casino gaming area" does not include and specifically excludes all areas serving as or where there are located or found to be restaurants, elevators, enclosed stairwells, childcare facilities, and sports or recreation arenas or venues.
(d) Childcare facility means any state-licensed childcare facility including, but not limited to, licensed family daycare or licensed group daycare centers, licensed day camps, certified school-age programs and Head Start programs.
(e) City buildings means all buildings owned and/or operated by the city and those buildings leased and/or subleased by or to the city.
(f) Common areas of buildings, structures, facilities, or grounds means hallways, corridors, lobbies, aisles, water fountain areas, stairwells, entryways, vestibules, community rooms, alcoves, foyers, laundry rooms, waiting areas, elevators, enclosed parking facilities, swimming pools, gymnasiums, and restrooms that are not directly connected to or contiguous with rooms that are rented to guests for temporary living quarters in hotels or motels and which are designated as being "smoking rooms" in accordance with this article. "Common areas" shall also mean all areas of apartment complexes, condominiums, townhomes, and any multifamily residential development or facility not part of a tenant's leased premises and all areas on the premises of hotels and motels that are not part of the rented premises to guests or lessees.
(g) Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, including those full-time, part-time, temporary or contracted from a third party, and any person who volunteers his or her services.
(h) Employer means any person, business, partnership, association, limited liability company, corporation, trust, or other entity, whether for profit or nonprofit, that employs the services of one (1) or more individual persons.
(i) Enclosed area means all space between a floor and ceiling which is predominately or totally bounded, comprised of, or enclosed on all sides by walls, physical barriers, and/or windows (exclusive of doors or passage ways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping," or similar features or structures, regardless of whether such walls, barriers, or windows consist of screened or otherwise partially covered openings, open or closed windows, jalousies, open or closed doors or doorways, uncovered openings, or the like.
(j) Entrance means a doorway and adjacent area which gives direct access to a building, structure, or facility from a contiguous street, plaza, sidewalk or parking lot.
(k) Establishment means the portion of a building, structure, or facility, including the infrastructure, that is typically reviewed, assessed, inspected, and/or included as part of the plan review, licensing, and monitoring processes of food and/or beverage facilities by the applicable public health licensing authorities. It also includes, in the case of multipurpose buildings and rooms and for the purposes of this article, those portions of the building, structure, or facility that are being used for food and/or beverage services during an event, temporary or otherwise.
(l) Health care facility means an office or institution providing care or treatment of diseases, illnesses, and/or wounds, 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 or clinics of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, restrooms, examining rooms, entrances, and wards within health care facilities.
(m) Hotel and motel each mean any commercial establishment, development, business, or facility that offers rooms that contain a bed and toilet facilities or sleeping quarters to the general public for rent on a nightly, daily, or weekly or otherwise temporary basis, that is not an apartment complex or home.
(n) Mall or shopping mall means an area or premises containing common areas or public walkways, sidewalks, or hall areas and parking facilities that generally serve to connect businesses or establishments primarily devoted to the retail sale of goods and/or services, professional or otherwise, including, but not limited to, outlet retail centers or malls and shopping centers.
(o) Place of employment means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. This also includes elevators, medical facilities, stairs, and all enclosed facilities. A private residence is not a "place of employment" unless used as a childcare, adult day care, or health care facility.
(p) 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, and which has four (4) or fewer regular employees, does not operate for pecuniary gain, and is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose and which only sells alcoholic beverages, if any, incidental to its operation. 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. Entry into and use of a private club is restricted to members only. When a private club is open to the public, it does not meet this definition. Any exemption of a "private club" from the smoke-free provisions of this article does not apply when such organization is established to avoid compliance with this article.
(q) Private residence means premises owned, rented or leased for permanent or semipermanent habitation and which complies with the city's zoning ordinances pertaining to residential zones or areas.
(r) Proprietor shall mean the party, regardless of whether or not the party is owner or lessee of the public place, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property, unless the owner ultimately controls, governs, or directs the activities within the public place. The term "proprietor" may apply to a corporation as well as to an individual.
(s) Public place means an enclosed area to which the public, including, but not limited to, shoppers, customers, patrons, patients, students, clients, guests, and other invitees of any establishment, business, or property, is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health care facilities, hotels and motels, laundromats, parking garages, public parks, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, bars, sports arenas, theaters and waiting rooms. A private club is a "public place" when being used for a function which is open to the general public and/or to which the general public is invited. A private residence is not a "public place" unless it is used as a childcare, adult daycare, or health care facility or as a bed and breakfast facility or lodge.
(t) Restaurant includes every building or other structure and facility, or any part thereof, and all buildings, structures, and facilities in connection therewith, regardless of situs or location, that are kept, used, maintained, advertised, or held out to the public as a place where food is served or which gives or offers for sale food to the public, guests, or employees, including, but not limited to, fast food eateries, doughnut shops, coffee shops, cafeterias, private and public school cafeterias, kitchens, and catering facilities in which food is prepared on the premises for serving elsewhere, and a bar area within a restaurant as well as outdoor dining areas, including, without limitation, patios, decks, balconies, and wherever food is sold, served, and/or consumed on the premises. "Restaurant" shall include all restaurants in resorts, hotels, and motels. Where a restaurant is situated or located does not affect its applicability with this article.
(u) Service line means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the services involves the exchange of money.
(v) Smoking or to smoke means inhaling, exhaling, burning, carrying, or possessing any lighted or ignited tobacco product, including, but not limited to, cigarettes, cigars, pipes, hookahs, and any lighted or ignited combustible plant or plant substance and any synthetic derivation thereof, in any manner or in any form. It shall be presumed that a lighted or ignited cigarette, cigar, pipe, or hookah contains tobacco.
(w) Sports or recreation arena or venue means sports pavilions, stadiums, gymnasiums, health spas, recreation or fitness centers, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and centers and other similar places where members of the general public assemble to engage in physical exercise or participate in or to witness athletic or sporting, cultural, recreational, or other events. "Sports or recreation arena or venue" includes, but is not limited to, tennis and basketball courts, swimming pools, lanes, tracks, playing fields, concession areas, recreation or fitness centers, pavilions, playground areas, grandstands, bleachers, press boxes, restrooms, wharfs, piers, walkways, and locker rooms.
(Ord. No. 2579, § 1, 3-18-08)