§ 17-133. Definitions.

For purposes of this article, the following terms, phrases, words and their derivations shall have the following meaning:

Ancillary lottery gaming facility operations means that portion of a building where additional non-lottery facility game products and services not owned and operated by the state are included in the overall development associated with the lottery gaming facility. Such operations may include, but are not limited to, restaurants, hotels, motels, museums or entertainment facilities.

City shall mean the City of Kansas City, Kansas and the service territory of the unified government comprised of that territory within the borders of the City of Kansas City, Kansas.

Drinking establishment means a premise which may be open to the general public where alcoholic liquor by the individual drink is sold.

Electronic cigarette or e-cigarette means a device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, any electronic cigarette, cigar, pipe, or hookah, including any component, part, or accessory of such a device, whether or not sold separately. Electronic cigarette or e-cigarette shall not include any product(s) approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

Employee means any person, including but not limited to, independent contractors and volunteers, who performs services for an employer, with or without compensation.

Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust or nonprofit entity, including the city or any agency thereof, which utilizes the services of one or more individual persons.

Enclosed means a space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms, all space therein screened by partitions, which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and halls.

Health care facility means any institution, place, building, or agency required to be licensed under state law, including, but not limited to, any hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center. A private residence being visited by a health care provider for the purposes of providing in-home health care shall not be deemed a health care facility.

Lottery gaming facility means that portion of a building used for the purposes of operating, managing and maintaining electronic gaming machines and any other games which are authorized to be conducted or operated within the boundaries of this state.

Office landscaping means indoor office areas without permanent walls, or walls that are not floor to ceiling; open space such as waiting areas and atriums; cubicles and/or open desk seating areas.

Open burning means the burning of any materials in which contaminants resulting from combustion are emitted directly into the ambient air without passing through an enclosed chamber that meets all applicable state and federal air pollution regulations, but shall not include "smoking" as that term is defined below.

Parimutuel licensee location means a racetrack facility, as defined in K.S.A. 74-8802, and amendments thereto, owned or managed by the parimutuel licensee and may include any existing structure at such racetrack facility or any structure that may be constructed on real estate where such racetrack facility is located.

Permanently designated means a hotel or motel room that has been identified as either a smoking or non smoking room. Hotels and motels may designate smoking rooms only once a year.

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, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a licensed child care, licensed adult day care, or licensed health care facility.

Private club means a class "A" club as defined by K.S.A. 41-2601(e) and/or a class "B" club as defined by K.S.A. 41-2601(f).

Private residence means enclosed personal living space, within any facility, not open to the general public without invitation.

Proprietor means any person who owns, leases, operates, manages, or otherwise has control of any establishment, building, or enclosed area. The term "proprietor" includes corporations, associations, nonprofit entities, or partnerships as well as individuals.

Public transportation means any air, land, or water vehicle used for the mass transportation of persons in intrastate travel for compensation, including, but not limited to, any airplane, train, bus, or boat that is not subject to federal smoking regulations.

Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, production and marketing establishments, retail services establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. "Public place" shall include a private club when being used for a function to which the general public is invited; however, a private residence is not a "public place" unless being used as a licensed child care, licensed adult day care, or licensed health care facility.

Racetrack gaming facility means that portion of a parimutuel licensee location where electronic gaming machines are operated, managed and maintained.

Recreational facility means any enclosed indoor area used by the general public and used as a sports pavilion, health spa, boxing arena, bowling alley, swimming pool, stadium, arena, roller or ice skating rink, video game facility, senior citizen recreational facility or other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness a sporting event.

Restaurant means any building, structure, or area where food is available for eating on the premises, in consideration of payment.

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

Smoke or smoking means the lighting, inhaling, exhaling, burning, carrying or holding of any lighted, heated, or burning pipe, cigar, or cigarette of any kind, or use of an electronic cigarette, electronic or battery powered vaporizer, or other products derived from tobacco or other substances intended to be smoked, heated, absorbed, dissolved, inhaled, snorted, or sniffed.

Specialty tobacco store means a retail store utilized primarily for the sale of tobacco products, electronic cigarettes or devices, and accessories, or any component thereof, and in which the sale of other product is merely incidental.

Theater means any indoor facility or auditorium, open to the public, which is primarily used or designed for the purpose of exhibiting any motion picture, stage production, musical recital, dance, lecture, or other similar performance.

Tobacco products means any product containing, made, or derived from tobacco or containing nicotine, whether synthetically produced or derived from other sources that is intended for human consumption (but not marketed for cessation). Tobacco products include, but are not limited to, any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah and any component, part, or accessory, whether or not sold separately (and not marketed for cessation).

Unified government shall mean the consolidated government of the former Wyandotte County Board of Commissions and the former City Council of Kansas City, Kansas and shall include the unified government board of commissioners and all real property owned, controlled, leased or managed by the board of commissioners or any commission, agency or board subordinate to or controlled by said unified government under state or local law.

(Ord. No. O-91-08, § 3, 12-18-2008; Ord. No. O-35-15 , § 1, 7-9-2015)