Definitions for the smoking and tobacco rules

(a) As used in this article, unless the context requires otherwise: “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. “Incidental” means that for the prior calendar year, gross sales of food are less than one-third of gross sales of alcoholic beverages. A “bar” is authorized under a license issued by the department of liquor control. “Bowling alley” means a building where people go to bowl. “Building” means any area enclosed by a roof and at least three walls. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. “Commercial building” means a building occupied by two or more commercial tenants. “Electronic smoking devices” means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to and electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. “Enclosed or partially enclosed area(s)” means area(s) closed in by a roof or overhang and at least two walls. “Hotel” means a transient vacation rental, other than a bed and breakfast home containing lodging or dwelling units. “Multifamily dwelling” means a building containing more than two dwelling units. “Nightclub” means a bar in which live entertainment is provided and in which facilities for dancing by patrons either by live entertainment or recorded music are provided. “Open to the public” means areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities. “Restaurant” means any retail eating establishment where food is served or provided for on-site consumption by seated patrons that is authorized by the State department of health to operate as a food establishment, including any private food service establishment or club in which only members or their guests are permitted. The term “restaurant” includes a bar area within the restaurant and outdoor areas of restaurants. “Retail tobacco store” means a store which primarily sells tobacco products, electronic smoking devices, and accessories, with an entrance door opening directly to the outside, that derives more than fifty-one percent of its gross revenue from the sale of tobacco products, electronic smoking devices, and other smoking accessories, and in which the sale of other products is merely incidental. “Retail tobacco store” does not include a tobacco department or section of another business with any type of liquor, food, or restaurant license, or a store within or part of an indoor public place or a workplace, such as a shopping mall. “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” includes the use of an electronic smoking device. GENERAL WELFARE § 14-20 “Tobacco product” means any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking devices. “Tobacco product” does not include any product specifically approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product that is being marketed and sold solely for that approved purposes.