Access point means the area within a ten (10) foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to Section 6.20.050.

“Bar” means any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.

“Educational facility” means any building used for instruction of enrolled students, including, but not limited to, any day care center, nursery school, public or private school, college, university, medical school, law school, or career and technical education school. Single family “Home Schooling” in a private residence shall not be deemed an educational facility.

“Electronic cigarette” means a battery-powered device, whether or not such device is shaped like a cigarette, which can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.

“Employee” means any person, who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.

“Employer” means a person, partnership, corporation, association or organization, including municipal or nonprofit entities, which employs one or more individual persons.

“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or doorways which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an “enclosed area”:

“Food service establishment” means any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

“Medical care facility” means a physician’s office, general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto.

“Outdoor recreational facility” means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.

“Place of employment” means any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a “place of employment” unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

“Private club” means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.

“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, non-profit entities, or partnerships as well as individuals.

“Public building” means any building owned or operated by:

“Public meeting” means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other law of this state.

“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 places” means any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a “public place” unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

“Recreational facility” means, but is not limited to, 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.

“Smoke or smoking” means possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment burning tobacco in any other form or device designed for the use of tobacco or use of an electronic or battery-powered vaporizer (such as e-cigarette/electronic cigarette) that simulates tobacco smoking by producing an aerosol that resembles smoke.

“Substantial dues or membership fee requirements” means initiation costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nominal and implemented to otherwise avoid or evade restrictions of a statewide ban on smoking.

“Tobacco shop” means any indoor area operated primarily for the retail sale of tobacco, tobacco products or smoking devices or accessories, and which derives not less than eighty (80%) of its gross receipts from the sale of tobacco.

“Vapor retailer” means any indoor area operated primarily for the retail sale of an electronic or battery-powered vaporizer and vapor-related accessories, and which derives not less than eighty (80%) of its gross receipts from the sale of electronic or battery-powered vaporizers and vapor-related accessories. (Ord. 15-10 § 1, 2015; Ord. 10-44 § 1, 2010; Ord. 06-97 § 1, 2006.)