Ark. Code § 20-27-1803

Current with all legislation passed during the 2023 Regular and First Extraordinary Sessions.

Section 20-27-1803 - Definitions

As used in this subchapter:

(1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to:

(A) Taverns;

(B) Nightclubs;

(C) Cocktail lounges; and

(D) Cabarets;

(2) "Business" means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit;

(3) "Employee" means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit;

(4) "Employer" means an individual or a business that employs one (1) or more individuals;

(5) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;

(6)

(A) "Healthcare facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.

(B) "Healthcare facility" includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided.

(C) "Healthcare facility" does not include:

(i) Medical facilities under § 20-27-704 et seq.;

(ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or

(iii) Long-term care facilities;

(7) "Infiltrate" means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke;

(8) "Local governing authority" means a county or municipal corporation of the state;

(9) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care;

(10)

(A) "Place of employment" means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to:

(i) Work areas;

(ii) Employee lounges;

(iii) Restrooms;

(iv) Conference rooms;

(v) Meeting rooms;

(vi) Classrooms;

(vii) Employee cafeterias; and

(viii) Hallways.

(B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility;

(11)

(A) "Public place" means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:

(i) Banks;

(ii) Bars;

(iii) Educational facilities;

(iv) Healthcare facilities;

(v) Laundromats;

(vi) Public transportation facilities;

(vii) Reception areas;

(viii) Restaurants;

(ix) Retail food production and marketing establishments;

(x) Retail service establishments;

(xi) Retail stores;

(xii) Shopping malls;

(xiii) Sports arenas;

(xiv) Theaters; and

(xv) Waiting rooms.

(B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility;

(12)

(A) "Restaurant" means:

(i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and

(ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere.

(B) "Restaurant" includes, but is not limited to:

(i) Coffee shops;

(ii) Cafeterias;

(iii) Sandwich stands; and

(iv) Private and public school cafeterias.

(C) "Restaurant" does include a bar area within any restaurant;

(13) "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 merely incidental;

(14) "Secondhand smoke" means smoke:

(A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling;

(B) Emitted at the mouthpiece during puff drawing; and

(C) Exhaled by the person smoking;

(15) "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;

(16) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments;

(17) "Smoking" means inhaling, exhaling, burning, or carrying any:

(A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and

(B) Other lighted combustible plant material; and

(18) "Sports arena" means a stadium, a sports pavilion, a gymnasium, a health spa, a boxing arena, a swimming pool, a roller rink, an ice rink, a bowling alley, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

Ark. Code § 20-27-1803

Amended by Act 2015, No. 708,§ 1, eff. 7/22/2015.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.