§ 34-56. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bar means any commercial establishment that derives 65 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code (Tex. Alcoholic Beverage Code § 1.01 et seq.) and has a valid on-premises consumption license issued by the Texas Alcoholic Beverage Commission or a portion of a commercial/food establishment that is physically separated from the rest of the establishment by an impermeable barrier exclusive of appropriate openings for ingress and egress and that portion of the establishment is independently ventilated and that portion of the establishment derives 65 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code (Tex. Alcoholic Beverage Code § 1.01 et seq.) and has a valid on-premises consumption license issued by the Texas Alcoholic Beverage Commission.

Director means the director of the department designated by the city manager to enforce and administer this article or the director's designated representative.

Employee means any person who is employed by any employer for direct or indirect monetary wages or profit, or is in a position that would lead one to believe that such person is so employed.

Employer means any person, partnership, corporation, association or other entity that employs one or more persons.

Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress.

Food establishment means any operation engaged in the preparation or sale of prepared ready-to-eat food, if such operation accounts for more than 51 percent of annual gross sales receipts. For the purpose of this definition, the term "food establishment" does not include an outdoor patio.

Governmental entity means a municipality, county, school district, or appraisal district.

Health care facility means any hospital or institution that provides medical or surgical services for patients.

Independently ventilated means that the heating, ventilation and air conditioning system for a bar area does not allow for the mixing of air from the bar area to a public area or public place served by the same ventilation system or another ventilation system.

Movie theater means any establishment engaged in the business of exhibiting motion pictures to the public.

Outdoors means any area that is not enclosed.

Private club means any building, premises or portion thereof which is wholly owned or leased by a nonprofit corporation organized under section 501(c)(3) of the United States Internal Revenue Code, as amended.

Public place means any enclosed area that is open to or is used by the general public, or that is a place of employment and includes, but is not limited to, retail stores, grocery stores, offices, professional, commercial or financial establishment, food establishments, movie theaters, public and private institutions of education, health care facilities, nursing and convalescent homes, residential treatment facilities, buildings owned or occupied by political subdivisions and public restrooms. For the purpose of this definition, the term "public place" does not include a private residence, bar, tobacco shop, hotel and motel rooms that are rented to guests, private clubs or outdoors.

Smoke or smoking means and includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, and the lighting, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

Tobacco means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other means of ingestion or absorption.

Tobacco shop means any commercial establishment that derives 51 percent of its annual gross receipts from the sale of tobacco and tobacco accessories.

(Ord. No. 680, § 3, 6-28-2005)