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Smoke Free Air Ordinance
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<br />(m) "Playground" means any park or recreational area designed in part to be used by children
<br />that has play or sports equipment installed or that has been designated or landscaped for play or sports
<br />activities, or any similar facility located on public or private school grounds or on South Bend grounds.
<br />(n) "Private Club" means an organization, whether incorporated or not, which is the owner,
<br />lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which
<br />is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose,
<br />but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The
<br />affairs and management of the organization are conducted by a board of directors, executive committee,
<br />or similar body chosen by the members at an annual meeting. The organization has established bylaws
<br />and/or a constitution to govern its activities. The organization has been granted an exemption from the
<br />payment of federal income tax as a club under 26 U.S.C. Section 501.
<br />(o) "Public Place" means an area to which the public is invited or in which the public is
<br />permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care
<br />facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas,
<br />restaurants, retail food production and marketing establishments, retail service establishments, retail
<br />stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public
<br />place" unless it is used as a childcare, adult day care, or health care facility.4
<br />(p) "Restaurant" means an eating establishment, including but not limited to, coffee shops,
<br />cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food
<br />to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared
<br />on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the
<br />restaurant.
<br />(r) "Service Line means an indoor or outdoor line in which one (1) or more persons are
<br />waiting for or receiving service of any kind, whether or not the service involves the exchange of money,
<br />including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting
<br />event lines.
<br />(s) "Shopping Mall" means a public walkway or hall area that serves to connect retail or
<br />professional establishments.
<br />(t) "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar,
<br />cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation,
<br />including hookah and marijuana, in any manner or in any form. "Smoking" also includes the use of an e-
<br />cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for
<br />the purpose of circumventing the prohibition of smoking in this Article. s
<br />'Indiana Code § 7.1- 5 -12 -2 addresses "Public place defined ".
<br />s Indiana Code § 7.1- 5 -12 -3 addresses "Smoking defined ".
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