§ 57-3. Definitions.

Child-care facility: Structure wherein is provided care and supervision of children under age 18 away from their place of residence on a regular basis for compensation, including, but not limited to, any public, private or parochial: child-care home, child-care center, nursery school, early learning center, pre-kindergarten, private kindergarten, play school, or pre-school.

Dining area: Interior area containing a counter or tables upon which food is served.

Enclosed: All space between a floor and ceiling that is bordered on all sides by enclosures which prevent air flow to the exterior (exclusive of doorways), which extend from the floor to the ceiling, including without limitation lobbies and foyers. Opening of doors or windows shall not convert an "enclosed" space into an unenclosed or open space.

Health care facility: Any general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center, as defined by O.C.G.A. § 31-7-1.

Intermediate care (nursing) home: Any long-term custodial care facility that provides for the welfare of the aged.

Personal care home: Residential facility having at least 25 beds and providing, for compensation, care and oversight of ambulatory 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 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 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.

Public place: Any enclosed area in which the public is permitted, including, but not limited to, restaurants, educational facilities, recreational facilities, health care facilities, child care facilities, personal care homes, intermediate care (nursing) homes, auditoriums, theaters, arenas, convention centers, meeting rooms, and convention halls. Enclosed 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 child-care facility, an intermediate care (nursing) home facility or a healthcare facility.

Restaurant: Eating and drinking establishment, including but not limited to, coffee shops, cafeterias, food courts within enclosed shopping malls, private clubs, sandwich stands, school cafeterias and kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

Retail tobacco store: A retail store utilized primarily for the sale of tobacco products and accessories.

Smoking: Inhaling, exhaling or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form.

(Amd. of 11-8-04(2), § 1)