As used in this Article, the following terms shall have the meanings indicated:

Bar means any indoor area that is operated and licensed under Article 3 of Title 44, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.

Child care center means a facility, by whatsoever name known, which is maintained for the whole or part of a day for the care of children under the age of sixteen (16) years and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four (24) hour care for dependent and neglected children and includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private or parochial college or school. Family care homes as defined under Section 26-6-102, C.R.S., shall not be considered a child care center for purposes of this Article.

Electronic smoking device or ESD:

Employee means any person who provides any type of work for the benefit of another in consideration of direct or indirect wages or profit or who provides uncompensated work or services to a business or nonprofit entity. Employee specifically includes any person, described hereinabove, regardless of whether such person is referred to as an employee, contractor, independent contractor or volunteer or by any other designation of title.

Employer means any person, partnership or corporation, including public or municipal corporations, who employs the services of any person.

Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from the prohibitions of Section 7-3-30. Entryway also includes the area of both public and private property within a twenty-five (25) foot radius outside of the front or main doorway.

Indoor area means any enclosed area or portion thereof. The opening of windows or doors or the temporary removal of wall panels does not convert an indoor area into an outdoor area.

Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms or employee cafeterias. A private residence is not a place of employment.

Public place means any enclosed area to which the public is invited, or which serves as a place of employment in which the public is permitted, including but not limited to: bank lobbies, education facilities, government offices, health facilities, reception or waiting areas, public rest rooms, restaurants, bars, retail stores, auditoriums, arenas, theaters, waiting rooms, hotel and motel lobbies, retail service establishments, libraries, meeting rooms, recreational facilities, terminals or public conveyances. A private residence not utilized for a business to which the public is invited for business purposes, or as a child care center, is not a public place.

Restaurant means an establishment which serves or offers food and/or beverages for sale to the public and includes, without limitation, coffee shops, cafeterias, bars, bakeries, sandwich shops, delicatessens, clubs or snack shops.

Smoking means the combustion in any cigar, cigarette, pipe or similar article of any form of tobacco or any other combustible substance in any form inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an ESD.

Theater and auditorium means any enclosed area devoted to exhibiting motion pictures or presenting theatrical performances, lectures or like entertainment. (Prior code 8.03.020; Ord. 1257, 2006; Ord. 1288 §1, 2008; Ord. 1494 §1, 2019)