Idaho Admin. Code r. 16.02.23.010

Current through September 2, 2024

Section 16.02.23.010 - DEFINITIONS

For the purpose of this chapter, the following terms apply.

01.Bar Within a Restaurant. A bar is considered to be "within a restaurant," and cannot allow smoking if it does not meet all of the following requirements and must:

a. Be physically isolated from all parts of the restaurant by solid floor to ceiling walls;

b. Have a separate outside public entrance that is not shared with the restaurant;

c. Not have any windows that can be opened, or doorways connecting it to the restaurant, either directly or through any indoor public place including lobbies, hallways, or passageways that the public uses. The bar may be connected to the restaurant through kitchens, private offices, hallways, or storerooms that are not available for public use; and

d. Not be necessary for restaurant patrons to pass through the bar or any indoor public place connected to the bar to access restrooms or other facilities or accommodations of the restaurant.

02.Bowling Alley or Center. A place of business with at least two (2) bowling lanes on its premises and is operated for public entertainment.

03.Educational Facility. Any room, hall or building used for instruction, or supportive of instruction including: classrooms, libraries, auditoriums, gymnasiums, lounges, study areas, restrooms, halls, registration areas, and bookstores of any private or public preschool, kindergarten, elementary school, junior high or intermediate school, high school, vocational school, college or university.

04.Enclosed. The space between a floor and ceiling designed to be surrounded on all sides at any time by solid walls, windows, or similar structures, not including doors, that extend from the floor to the ceiling.

05.Grocery Store. Any establishment that sells food, at retail, for off-site consumption and is required to be licensed under IDAPA 16.02.19, "Idaho Food Code."

06.Incidental Service of Food. Incidental service of food is only serving food that is low-risk and non-potentially hazardous food as defined in IDAPA 16.02.19, "Idaho Food Code."

07.Proprietor or Person in Charge. Any person, or agent of such person, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property unless they ultimately govern, control, or direct the activities within the public place.

08.Public Means of Mass Transportation. Any air, land, or water vehicle used for the transportation of persons for compensation including airplanes, trains, buses, boats, and taxis. The term does not include private, noncommercial vehicles.

09.Tobacco Products. Any substance that contains tobacco including, cigarettes, cigars, pipes, snuff, smoking tobacco, tobacco paper, or smokeless tobacco. It will be presumed that a lighted cigarette, cigar, or pipe contains tobacco as defined in Title 39, Chapter 57, Idaho Code.

Idaho Admin. Code r. 16.02.23.010

Effective March 17, 2022