V.I. Code tit. 19, § 1482 (2019)
2019 US Virgin Islands Code|Title 19 - Health|Part VI - Regulatory Provisions Concerning Public Health|Chapter 53A - Smoking Ban|§ 1482. Definitions

 When used in this chapter, the term (1) “Bar” means an indoor establishment devoted to serving alcoholic beverages for on-premises consumption and where the serving of food is only incidental to the consumption of those beverages. Bar includes taverns, nightclubs, lounges or cabarets. (2) “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services or both are sold as well as professional corporations and other entities where legal, medical, dental or other professional services are provided. (3) “Business vehicle” means a car, bus, van or other motorized unit owned or leased by an employer for employment purposes. (4) “Cigar factory” means any commercial establishment, including an area commonly called a cigar lounge where cigars are smoked by the establishment’s customers, where: (A) cigars are hand rolled from tobacco grown in, or imported into the Virgin Islands; (B) a minimum of one cigar roller is employed, present and available to roll cigars during the establishment’s hours of operation; and (C) not more than 60 percent of the establishment’s revenue is derived from sales other than cigar and tobacco products such as accessories, humidors, cutters, lighters, butane and other lighter fuel, clothing with printing and logos of the establishment, liquor and other beverages, and factory tours; (5) “Enclosed area” means a structure that has a roof and more than two substantial walls that have either: (A) has no opening; (B) has an opening that does not allow air in from the outside; or (C) has an opening that is less than 25% of the wall's surface area. (6) “Place of employment” means areas under the control of any employer which employees normally frequent during the course of employment, including, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles owned by the employer provided that the vehicle is used by more than one person at the same time. The term does not include a residence, unless it is used as a childcare, adult day care, or health care facility. (7) “Private club” means any corporation or unincorporated association, or any organization or association that either belongs to or is affiliated with a nationally recognized fraternal, veterans or other organization: (A) formed as a not for profit social club; (B) operated exclusively for the benefit of its members; (C) that owns, leases or rents a building or other limited premises within the Virgin Islands in which a club has been established; (D) to which only duly elected or approved dues-paying members and their guests while in the company of a member are admitted; (E) of which members of the general public are denied access; and (F) of which no part of the net revenues earned are to benefit, directly or indirectly, any of its members or any other individual, except for the payment of bona fide expenses of the club's operations. (8) “Proprietor” means an employer, owner, manager, operator, liquor permit holder, or other persons in charge or in control of a public place or a place of employment subject to the provisions of this section. (9) “Public place” means any portion of any place in which the public is invited or permitted, regardless of whether that place is owned in whole or in part, rented or leased by private persons or entities, the Government of the Virgin Islands, agencies or instrumentalities of the Government of the Virgin Islands, and regardless of whether a fee is charged for admission. The term includes inner and outer portions of restaurants, bars, taverns, clubs, lounges, cabarets, casinos and all other gaming facilities; hotels, resorts, guesthouses and inns; public, private and parochial schools; universities, colleges and other educational facilities; laundromats; malls, shopping centers, retail stores and service establishments; financial institutions; waiting rooms and lobbies of offices; public libraries and restrooms; bus and taxi stops; hospitals, healthcare facilities, nursing homes, and auditoriums; galleries, museums, arenas, theaters, beaches, parks, playgrounds, ticket areas, bowling alleys; skating rinks and outdoor recreational facilities. The term does not include a private residence unless the private residence is used as a hospice, childcare, adult day care or health care facility. (10) “Restaurant” means an establishment serving food or beverages for on-premises consumption, whether or not any portion of the establishment is enclosed or outdoors. The term includes coffee shops, cafeterias, sandwich stands, dining rooms in hotels, ice cream parlors, private and public school cafeterias, institutional eating establishments which provide food to the public, guests or employees, as well as commercial kitchens and catering facilities. The term, “restaurant” includes bars within restaurants, and eating establishments containing or operated in association with bars. (11) “Retail tobacco store” means a retail store except a cigar factory as defined in this section utilized primarily for the sale of tobacco and tobacco products and accessories and in which not less than ninety percent of its generated revenues are from the sale of tobacco, tobacco products and accessories, as certified by the Internal Revenue Bureau, and that is not operated as part of, or in conjunction with any business subject to the requirements of this section. (12) “Smoking” means inhaling, exhaling, burning, carrying or possessing a lighted cigar, cigarette, pipe, or tobacco product, weed, plant or other smoking device that contains tobacco product, weed or a plant.