§ 16-102. Definitions.  


Latest version.
  • Words or phrases not defined in this division, but defined in applicable state law or the Code of DeKalb County, as Revised 1988, shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context requires otherwise. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them below except where the text clearly indicates a different meaning:

    Child care facility means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children under seventeen (17) years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the State Board of Human Resources, as defined by O.C.G.A. § 49-5-3, as amended.

    Common area means only those outdoor areas of apartments, condominiums, townhomes, residential subdivisions, rooming houses, retirement facilities, nursing homes, personal care homes, and other multi-unit residential property that are either commonly used or owned by its residents and intended for the common enjoyment of its residents, or accessible to residents of more than one (1) dwelling located on the property. Common areas include, but are not limited to, outdoor recreational areas within a development, and common open space that is the central organizing feature of a development.

    Dining area means an interior or exterior (such as porch, patio or courtyard) area containing a counter or tables upon which food is served.

    E-cigarette means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, that creates a vapor of nicotine and simulates smoking. This term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptive name.

    Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

    Employer means any person who employs the services of an individual person.

    Enclosed means closed in by a roof and at least three (3) sides with appropriate openings for ingress and egress. It includes areas commonly described as public lobbies or lobbies when they are in an area that is enclosed as defined herein.

    Establishment means any business, store, office or other place where goods or services are sold or provided as part of a commercial venture. The term "establishment" includes but is not limited to the following:

    (1)

    Automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale;

    (2)

    Grocery, pharmacy, specialty, department and other stores which sell goods or merchandise;

    (3)

    Service stations, stores or shops for the repair or maintenance of appliances, shoes, motor vehicles or other items or products;

    (4)

    Barbershops, beauty shops, cleaners, laundromats and other establishments offering services to the general public;

    (5)

    Video arcade, pool hall, and other amusement centers;

    (6)

    Offices providing professional services such as legal, medical, dental, engineering, and architectural services;

    (7)

    Banks, savings and loan offices, and other financial establishments;

    (8)

    Hotels and motels and other places that provide accommodations to the public; and

    (9)

    Restaurants and cafeterias.

    Freestanding bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and which derives at least fifty (50) percent of its total annual gross food and beverage sales from the sale of beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.

    Health care facility means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center, as defined by O.C.G.A. § 31-7-1(2), as amended.

    Intermediate care (nursing) home means any long-term custodial care facility that provides for the physical and mental welfare of the aged.

    Outdoor recreational public place means any outdoor area of a place to which the public is invited or in which the public is permitted that is used, or intended for use, as a recreational area, regardless of any fee or age requirement. The term "outdoor recreational public place" includes but is not limited to, parks, picnic areas, playgrounds, athletic or sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pool facilities, aquatic areas, water parks, skateboard parks, amusement parks, stadiums, amphitheaters, beaches, lakes, and outdoor areas of roller- and ice-skating rinks, concert venues, sports pavilions, gymnasiums, health spas, boxing arenas, bingo facilities, video arcades, pool halls, bowling facilities, amusement centers, and theaters.

    Personal care home means a residential facility having at least twenty-five (25) beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, or boarding facilities which do not provide personal care. Personal care homes shall also mean residential care facilities for the elderly.

    Place of employment means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias and snack bars, conference and meeting rooms, lobbies and reception areas. A private residence is not a place of employment unless it is used as a childcare facility, an adult day care facility, or a health care facility. The dining area of a restaurant shall be treated as a place of employment under this division.

    Playground means any outdoor area that is used or designed to be used by children for recreation, including areas containing play or sports equipment or designated or landscaped for play or sports activities if such outdoor area is located in a common area, or on public or private elementary or secondary school grounds, or on property owned, leased, or operated by DeKalb County. A playground in the outdoor area of a private residence is not a playground regulated by this division.

    Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, restaurants, stores, waiting rooms, lobbies, reception areas, hallways, concession areas, public transit, restrooms, shopping malls, elevators, service lines, service stations, offices providing professional services, banks and other financial institutions, educational, recreational and health care facilities, childcare facilities, auditoriums, enclosed facilities in outdoor recreational public places, theaters, arenas, meeting rooms, repair shops, automobile dealerships, convention halls, and polling places. Porches, courtyards or decks with a contiguous connection to a public place shall be considered a public place. A private residence is not a public place unless it is used as a childcare facility, an adult daycare facility or a health care facility.

    Restaurant means any establishment or area which is primarily devoted to the serving of food to the public or guests and which contains a dining area. The term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a freestanding bar area as previously defined. The term "restaurant" shall include any dining area located within a health care, educational, or childcare facility. Food courts within enclosed shopping malls shall be treated as restaurants under this division.

    Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

    Service line means any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.

    Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, e-cigarette, oral smoking device, or pipe, or any other lighted or heated tobacco intended for inhalation, in any manner or in any form.

(Ord. No. 41-02, Pt. I, 12-19-02 ; Ord. No. 12-17, Pt. I, 10-23-12 )