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<br /> Hawaii Smoke Free:: The Law Page 2 of 7
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<br /> CHAPTER SMOKING
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<br /> § -1 Definitions. As used in this chapter, unless the content otherwise requires:
<br /> "Bar" means an establishment that is devoted to the serving of alcoholic beverages for
<br /> consumption by guests on the premises regardless of whether food is served, including but not
<br /> limited to taverns, cocktail lounges, and cabarets, including outdoor areas of bars.
<br /> "Building' means any area enclosed or partially enclosed by a roof and at least three walls.
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<br /> "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business
<br /> entity, either for-profit or not-for-profit, including retail establishments where goods or services
<br /> are sold, professional corporations, and other entitles where legal, medical, dental, engineering,
<br /> architectural, or other professional services are delivered.
<br /> "Department" means the department of health.
<br /> "Director" means the director of health.
<br /> "Employee" means a person who is employed by an employer in consideration for direct or
<br /> indirect monetary wages or profit, and a person who volunteers the person's services for a
<br /> nonprofit entity.
<br /> "Employer" means a person, business, partnership, association, corporation, including the State
<br /> or any of its political subdivisions, a trust, or nonprofit entity that employs the services of one or
<br /> more individual persons, but shall not include the United States.
<br /> "Enclosed or partially enclosed" means closed in by a roof or overhang and at least two walls.
<br /> Enclosed or partially enclosed areas include but are not limited to areas commonly described as
<br /> public lobbies, lanais, interior courtyards, patios, and covered walkways.
<br /> "Health care facility" means an office or Institution, including all waiting rooms, hallways, private
<br /> rooms, semiprivate rooms, and wards, which provides care or treatment of diseases, whether
<br /> physical, mental, or emotional, or other medical, physiological, or psychological conditions,
<br /> including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight
<br /> control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of
<br /> surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these
<br /> professions.
<br /> "Multifamily dwelling" means a building containing more than two dwelling units.
<br /> 'Nightclub' means an establishment In which live entertainment is provided or facilities for
<br /> dancing by patrons either by live entertainment or recorded music may be provided, regardless
<br /> of whether alcoholic beverages are served.
<br /> "Open to the public" means enclosed or partially enclosed areas to which the public Is Invited or
<br /> permitted and areas within any building available for use by or accessible to the general public
<br /> during the normal course of business conducted therein by either private or public entities,
<br /> including but not limited to bars, educational facilities, financial institutions, health care facilities,
<br /> hotel and motel lobbies, lanais, laundromats, public transportation facilities, Including airport
<br /> areas from curb to cabin and including all areas within and immediately in front of and adjacent
<br /> to passenger terminals and pick-up areas, throughout the airport facility, and up to the
<br /> passenger loading gates of all state airports, reception areas, restaurants, retail food production
<br /> and marketing establishments, retail service establishments, retail stores, stopping malls, sports
<br /> arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as
<br /> a child care, adult day care, or health care facility.
<br /> "Place of employment" means an area under the control of a public or private employer that
<br /> employees normally frequent during the course of employment, including but not limited to
<br /> auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators,
<br /> employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and
<br /> stairs. A private residence is not a "place of employment unless it is used as a child care, adult
<br /> day care, or health rare facility.
<br /> "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
<br /> sale food to the public, guests, or employees, as well as kitchens and catering facilities in which
<br /> food is prepared on the premises for serving elsewhere. The term 'restaurant' includes a bar
<br /> area within the restaurant and outdoor areas of restaurants.
<br /> http://www.hawaiismokefree.com/the_law.html 1/28/2008
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