Definitions.
For the purpose of this subchapter: “Bus stop” means a location that has been designated by a pole and appropriate signage as a place where passengers board a bus. “Educational facility” means any enclosed indoor area used primarily as a library or for instruction of enrolled students, including day care centers, nursery schools, elementary schools, and secondary schools, except smoking lounges or specific smoking areas approved by the principal or president of the school, college, or university pursuant to guidelines established by the Board of Education, in the case of a public school, or by the trustees or other governing body, in the case of a college, university, or private educational institution. The term “educational facility” shall include all enclosed indoor areas supportive of instruction, including, but not limited to, classrooms, cafeterias, study areas and libraries, but excluding faculty lounges and specific areas approved by the principal of a given school pursuant to guidelines established by the Superintendent of Schools or the head of such private institutions. “Health care facility” means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes or homes for the aged or chronically ill, but excluding private medical offices. “Mayor” means the Mayor of the District of Columbia or his designated agent. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applied. “Playground” means a public or private facility intended primarily for recreation and not for residential use, with a portion of the facility that contains at least one separate apparatus intended for the recreation of children, including a sliding board, swing set, and teeterboard. “Public recreational facility” means a park, dog park, trail, community facility, playground, swimming pool, spray park, neighborhood recreation center, or other similar facility that is owned or maintained by the District. “Restaurant” means a restaurant as defined in § 25-101(43), and any other establishments licensed by the District of Columbia in the business of preparing or serving food to the public. The term “restaurant” shall include coffee shops, cafeterias, luncheonettes, eateries, and soda fountains. The term “restaurant” shall not include sidewalks, terraces, or space used by restaurants to provide outdoor facilities, nightclubs, or taverns. “Retail store” means any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise or food for consumption off the premises, and all activities, operations and services connected therewith or incidental thereto. The term “retail store” shall not include separate areas of a retail store which are used as a restaurant. “Smoking” or “to smoke” means: The act of puffing, having in one’s possession, holding, or carrying a lighted or smoldering tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes; or The lighting of a tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes. Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155, § 7007. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Annotations
Sept. 28, 1979, D.C. Law 3-22, § 3, 26 DCR 390 Mar. 29, 1988, D.C. Law 7-100, § 2(b), 35 DCR 1182 Dec. 13, 2013, D.C. Law 20-48, § 2(a), 60 DCR 15145 Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990. For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). The 2013 amendment by D.C. Law 20-48 redesignated (1) as (1A); added (1), (4A), and (4B); and rewrote (7). 1981 Ed., § 6-912. This section is referenced in § 7-1703.
Sourced from the DC Council Open Law Library (public domain).
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