Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				shall apply:
"Ashtray "
means any receptacle, including a
				can, bottle, bowl, tray, or other vessel that is used for extinguishing or
				disposing of any lighted cigar, cigarette, pipe, or other tobacco product in
				any manner or form including ash, cigarette butts or filters, or cigar stubs.
				However, "ashtray" shall not include any receptacle located outdoors and on the
				perimeter of any public place, the perimeter of the grounds of any public
				building, the perimeter of school grounds, or the perimeter of any other
				outdoor space subject to the prohibition in 2008 Iowa Acts, House File 2212,
				section 3, and rule
				641-153.3
				(82GA,HF2212).
"Bar"
means an establishment where one may
				purchase alcoholic beverages, as defined in Iowa Code section
				123.3, for
				consumption on the premises and in which the serving of food is only incidental
				to the consumption of those beverages.
"Child care facility"
means child care
				facility as defined by the department of human services pursuant to Iowa Code
				section
				237A.1.
"Child care home "
means child care home as
				defined by the department of human services pursuant to Iowa Code section
				237A.1.
"Department"
means the Iowa department of
				public health.
"Entrance "
means any doorway to an enclosed
				area used by the public or employees for ingress to any public place or place
				of employment, but does not include any doorway designated for use as an exit
				in an emergency only. "Entrance" also includes the commonly understood points
				of entry to an outdoor area, subject to the prohibitions of this chapter, such
				as a driveway, sidewalk, pathway, access road, gate, or dedicated point of
				entry, but not including a street, road, highway, or sidewalk in the public
				right-of-way.
"Gaming floor "
means gaming floor as defined
				by the state racing and gaming commission pursuant to Iowa Code section 99F.
				1.
"Grounds of any public building"
means an
				outdoor area of a public building that is used in connection with the building,
				including but not limited to a sidewalk or driveway immediately adjacent to the
				building, but not including a sidewalk in the public right-of-way; a sitting or
				standing area immediately adjacent to the building; a patio; a deck; a
				curtilage or courtyard; a swimming or wading pool; a beach; or any other
				outdoor area as designated by the person having custody or control of the
				public building. A person having custody or control of a public building may
				exclude from the designated grounds of any public building the following: a
				parking lot, the course of play at a golf course, a hiking trail, locations of
				an individual campsite or campfire, or a lake, river, or other body of water.
				Nothing in this definition prohibits any owner, operator, manager, or other
				person having custody or control of an area that is exempt from the
				prohibitions of 2008 Iowa Acts, House File 2212, section 3, and rule
				641-153.3
				(82GA,HF2212) from declaring the entire area or property a nonsmoking
				place.
"Hotel and motel"
means any building or
				structure equipped, used, advertised as, or held out to the public to be an
				inn, hotel, motel, motor inn, or place where sleeping accommodations are
				furnished for hire to transient guests.
"Incidental to the sale of tobacco products "
means that the gross revenue of a retail tobacco store derived from the sale of
				products other than tobacco products is not more than 20 percent of the retail
				tobacco store's total gross revenue.
"Infiltrate "
means to permeate an area where
				smoking is prohibited by passing through a wall, ceiling, floor, window, door,
				or ventilation system to the extent that an individual can smell secondhand
				smoke.
"Public and private educational facility"
means a public school and nonpublic school as defined in Iowa Code section
				280.2,
				a community college as defined in Iowa Code section
				260C.2, an accredited
				private institution as defined in Iowa Code section
				261.9,
				and an institution governed by the board of regents pursuant to Iowa Code
				section
				262.7.
"Public building"
means an enclosed area
				owned, leased, or operated by or under the control of the state government or
				its political subdivisions.
"Restaurant"
means eating establishments,
				including private and public school cafeterias, which offer food to the public,
				guests, or employees, including the kitchen and catering facilities in which
				food is prepared on the premises for serving elsewhere, and including a bar
				area within a restaurant.
"Retail tobacco store "
means a retail store
				utilized primarily for the sale of tobacco products and accessories and in
				which the sale of other products is incidental to the sale of tobacco
				products.
"Seating areas of outdoor sports arenas, stadiums,
				amphitheaters, or other entertainment venues "
means areas designated
				by the owner, operator, manager, or other person having custody or control of
				the area to be used primarily to witness entertainment events and shall
				include, but not be limited to, all chairs, seats, and bleachers whether
				permanent or temporary; standing room only; general admission or festival-style
				seating; and any other areas where individuals congregate to witness
				entertainment events.
"Serving of food incidental to the consumption of
				alcoholic beverages "
means food preparation that is limited to the
				service of ice, prepackaged snack foods, popcorn, peanuts, and the reheating of
				commercially prepared foods that do not require assembly, such as frozen pizza,
				prepackaged sandwiches, or other prepackaged, ready-to-serve products.
"Smoking cessation program "
means a course of
				treatment that is capable of clinical review for evidence-based outcomes that
				verify that individuals in the program stop smoking and that has been approved
				for coverage by a private or managed health care plan, Medicaid, Medicare, the
				Veterans Health Administration, or the United States
				military.