HRS §328J-1 Definitions
328J-1. Definitions
As used in this chapter, unless the context otherwise requires:
"Bar" means an establishment that is
devoted to the serving of alcoholic beverages for consumption by guests on the
premises regardless of whether food is served, including but not limited to
taverns, cocktail lounges, and cabarets, including outdoor areas of bars.
"Building" means any area enclosed or
partially enclosed by a roof and at least three walls.
"Business" means a sole
proprietorship, partnership, joint venture, corporation, 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.
"Department" means the department of
health.
"Director" means the director of
health.
"Electronic smoking device" means any
electronic product that can be used to aerosolize and deliver nicotine or other
substances to the person inhaling from the device, including but not limited to
an electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, hookah pipe, or hookah pen, and any cartridge or other component of the
device or related product, whether or not sold separately.
"Employee" means a person who is
employed by an employer in consideration for direct or indirect monetary wages
or profit, and a person who volunteers the person's services for a nonprofit
entity.
"Employer" means a person, business,
partnership, association, corporation, including the State or any of its
political subdivisions, a trust, or nonprofit entity that employs the services
of 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 or
partially enclosed areas include but are not limited to areas commonly
described as public lobbies, lanais, interior courtyards, patios, and covered
walkways.
"Health care facility" means an
office 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, or
psychological 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, and
offices of surgeons, chiropractors, physical therapists, physicians, dentists,
and all specialists within these professions.
"Multifamily dwelling" means a
building containing more than two dwelling units.
"Nightclub" means an establishment in
which live entertainment is provided or facilities for dancing by patrons
either by live entertainment or recorded music may be provided, regardless of
whether alcoholic beverages are served.
"Open to the public" means enclosed
or partially enclosed areas to which the public is invited or permitted and
areas within any building available for use by or accessible to the general
public during the normal course of business conducted therein by either private
or 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 areas
from curb to cabin and including all areas within and immediately in front of
and adjacent to passenger terminals and pick-up areas, throughout the airport
facility, and up to the passenger loading gates of all state airports,
reception areas, restaurants, retail food production and marketing
establishments, retail service establishments, retail stores, shopping malls,
sports arenas, theaters, and waiting rooms, but does not include a private
residence unless it is used as a child care, adult day care, or health care facility.
"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
auditoriums, 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 day
care, or health care facility.
"Restaurant" means an eating
establishment, including but not limited to coffee shops, cafeterias, sandwich
stands, and private and public school cafeterias, which gives or offers for
sale food to the public, guests, or employees, as well as kitchens and catering
facilities in which food is prepared on the premises for serving elsewhere.
The term "restaurant" includes a bar area within the restaurant and
outdoor areas of restaurants.
"Retail tobacco store" means a retail
store used primarily for the sale of tobacco products and accessories.
"Service line" means an indoor line
in 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 or
partially enclosed public walkway or hall area that serves to connect retail or
professional establishments.
"Smoke" or "smoking" means
inhaling, exhaling, burning, or carrying any lighted or heated tobacco product
or plant product intended for inhalation in any manner or in any form.
"Smoking" includes the use of an electronic smoking device.
"Sports arena" means any sports
pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller
or ice rink, bowling alley, and any 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.
"Tobacco product" means any product
made or derived from tobacco, that contains nicotine or other substances, and
is intended for human consumption or is likely to be consumed, whether smoked,
heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means,
including, but not limited to, a cigarette, cigar, pipe tobacco, chewing
tobacco, snuff, snus, or an electronic smoking device. "Tobacco
product" does not include drugs, devices, or combination products approved
for sale by the United States Food and Drug Administration, as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
[L 2006, c 295, pt of §2;
am L 2015, c 19, §§2, 3]