<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58294</law_id><section_number>15.2-2820</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-511.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="28.2">Virginia Indoor Clean Air Act</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Bar or lounge area</span>&#x201D; means any establishment or portion of an establishment devoted to the sale and service of alcoholic beverages for consumption on the premises and where the sale or service of food or meals is incidental to the consumption of the alcoholic beverages.
		&#x201C;<span class="dictionary">Educational facility</span>&#x201D; means any building used for instruction of enrolled students, including but not limited to any day-care center, nursery school, public or private school, institution of higher education, medical school, <span class="dictionary">law</span> school, or career and technical education school.
		&#x201C;<span class="dictionary">Health care facility</span>&#x201D; means any institution, place, building, or agency required to be licensed under Virginia <span class="dictionary">law</span>, including but not limited to any hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center.
		&#x201C;<span class="dictionary">Private club</span>&#x201D; means an organization, whether incorporated or not, that (i) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes, including club or member sponsored events; (ii) is operated solely for recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, and only sells alcoholic beverages incidental to its operation; (iii) has established bylaws, a constitution, or both that govern its activities; and (iv) the affairs and management of which are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting.
		&#x201C;<span class="dictionary">Private function</span>&#x201D; means any gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining that is not intended to be open to the public and for which membership or specific invitation is a prerequisite to entry.
		&#x201C;<span class="dictionary">Private work place</span>&#x201D; means any office or work area that is not open to the public in the normal course of business except by individual invitation.
		&#x201C;<span class="dictionary">Proprietor</span>&#x201D; means the owner or lessee of the <span class="dictionary">public place</span>, who ultimately controls the activities within the <span class="dictionary">public place</span>. The term &#x201C;<span class="dictionary">proprietor</span>&#x201D; includes corporations, associations, or partnerships as well as individuals.
		&#x201C;<span class="dictionary">Public conveyance</span>&#x201D; or &#x201C;<span class="dictionary">public vehicle</span>&#x201D; means any air, land, or water vehicle used for the mass transportation of persons in intrastate travel for compensation, including but not limited to any airplane, train, bus, or boat that is not subject to federal <span class="dictionary">smoking</span> regulations.
		&#x201C;<span class="dictionary">Public place</span>&#x201D; means any enclosed, indoor area used by the general public, including but not limited to any building owned or leased by the Commonwealth or any agency thereof or any <span class="dictionary">locality</span>, <span class="dictionary">public conveyance</span> or <span class="dictionary">public vehicle</span>, <span class="dictionary">educational facility</span>, hospital, nursing facility or nursing home, other <span class="dictionary">health care facility</span>, library, retail store of 15,000 square feet or more, auditorium, arena, <span class="dictionary">theater</span>, museum, concert hall, or other area used for a performance or an exhibit of the arts or sciences, or any meeting room.
		&#x201C;<span class="dictionary">Recreational facility</span>&#x201D; means any enclosed, indoor area used by the general public and used as a stadium, arena, skating rink, video game facility, or senior citizen <span class="dictionary">recreational facility</span>.
		&#x201C;<span class="dictionary">Restaurant</span>&#x201D; means any place where food is prepared for service to the public on or off the premises, or any place where food is served. Examples of such places include but are not limited to lunchrooms, short <span class="dictionary">order</span> places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining accommodations of public or <span class="dictionary">private clubs</span>, kitchen facilities of hospitals and nursing homes, dining accommodations of public and private schools and colleges, and kitchen areas of local correctional facilities subject to standards adopted under &#xA7;&#xA0;<a class="law" title="Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel" href="/53.1-68/">53.1-68</a>. &#x201C;<span class="dictionary">Restaurant</span>&#x201D; shall not include (i) places where packaged or canned foods are manufactured and then distributed to grocery stores or other similar food retailers for sale to the public, (ii) mobile points of service to the general public that are outdoors, or (iii) mobile points of service where such service and consumption occur in a private residence or in any location that is not a <span class="dictionary">public place</span>. &#x201C;<span class="dictionary">Restaurant</span>&#x201D; shall include any <span class="dictionary">bar or lounge area</span> that is part of such <span class="dictionary">restaurant</span>.
		&#x201C;<span class="dictionary">Smoke</span>&#x201D; or &#x201C;<span class="dictionary">smoking</span>&#x201D; means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted <span class="dictionary">smoking</span> equipment, or the lighting, inhaling, or exhaling of <span class="dictionary">smoke</span> from a pipe, cigar, or cigarette of any kind.
		&#x201C;<span class="dictionary">Theater</span>&#x201D; means any indoor facility or auditorium, open to the public, which is primarily used or designed for the purpose of exhibiting any <span class="dictionary">motion</span> picture, stage production, musical recital, dance, lecture, or other similar performance.</p></section></text><history>2009, cc. 153, 154.</history><metadata></metadata></law>
