                                 CODE OF VIRGINIA

DEFINITIONS (§ 15.2-2820)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Bar or lounge area&#8221; 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.
		&#8220;Educational facility&#8221; 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, law school, or career and technical education school.
		&#8220;Health care facility&#8221; means any institution, place, building, or
agency required to be licensed under Virginia law, 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.
		&#8220;Private club&#8221; 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.
		&#8220;Private function&#8221; 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.
		&#8220;Private work place&#8221; means any office or work area that is not
open to the public in the normal course of business except by individual
invitation.
		&#8220;Proprietor&#8221; means the owner or lessee of the public place, who
ultimately controls the activities within the public place. The term
&#8220;proprietor&#8221; includes corporations, associations, or partnerships as
well as individuals.
		&#8220;Public conveyance&#8221; or &#8220;public vehicle&#8221; 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 smoking regulations.
		&#8220;Public place&#8221; 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 locality, public conveyance or public
vehicle, educational facility, hospital, nursing facility or nursing home, other
health care facility, library, retail store of 15,000 square feet or more,
auditorium, arena, theater, museum, concert hall, or other area used for a
performance or an exhibit of the arts or sciences, or any meeting room.
		&#8220;Recreational facility&#8221; means any enclosed, indoor area used by
the general public and used as a stadium, arena, skating rink, video game
facility, or senior citizen recreational facility.
		&#8220;Restaurant&#8221; 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 order places,
cafeterias, coffee shops, cafes, taverns, delicatessens, dining accommodations
of public or private clubs, 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 §
53.1-68. &#8220;Restaurant&#8221; 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 public place. &#8220;Restaurant&#8221; shall include any bar or
lounge area that is part of such restaurant.
		&#8220;Smoke&#8221; or &#8220;smoking&#8221; means the carrying or holding of
any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking
equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar,
or cigarette of any kind.
		&#8220;Theater&#8221; means any indoor facility or auditorium, open to the
public, which is primarily used or designed for the purpose of exhibiting any
motion picture, stage production, musical recital, dance, lecture, or other
similar performance.

HISTORY: 2009, cc. 153, 154.