§ 130A-492. Definitions. - North Carolina Statutes

§ 130A‑492. Definitions.

The following definitionsapply in this Article:

(1)        "Bar". – Anestablishment with a permit to sell alcoholic beverages pursuant to subdivision(1), (3), (5), or (10) of G.S. 18B‑1001.

(2)        "Cigarbar". – An establishment with a permit to sell alcoholic beveragespursuant to subdivision (1), (3), (5), or (10) of G.S. 18B‑1001 thatsatisfies all of the following:

a.         Generates sixtypercent (60%) or more of its quarterly gross revenue from the sale of alcoholicbeverages and twenty‑five percent (25%) or more of its quarterly grossrevenue from the sale of cigars;

b.         Has a humidor on thepremises; and

c.         Does not allowindividuals under the age of 21 to enter the premises.

Revenuegenerated from other tobacco sales, including cigarette vending machines, shallnot be used to determine whether an establishment satisfies the definition ofcigar bar.

(3)        "Employee".– A person who is employed by an employer, or who contracts with an employer orthird person to perform services for an employer, or who otherwise performsservices for an employer with or without compensation.

(4)        "Employer".– An individual person, business, association, political subdivision, or otherpublic or private entity, including a nonprofit entity, that employs or contractsfor or accepts the provision of services from one or more employees.

(5)        "Enclosedarea". – An area with a roof or other overhead covering of any kind andwalls or side coverings of any kind, regardless of the presence of openings foringress and egress, on all sides or on all sides but one.

(6)        "Grounds".– An unenclosed area owned, leased, or occupied by State or local government.

(7)        "Localgovernment". – A local political subdivision of this State, an airportauthority, or an authority or body created by an ordinance, joint resolution,or rules of any such entity.

(8)        "Localgovernment building". – A building owned, leased as lessor, or the arealeased as lessee and occupied by a local government.

(9)        "Localvehicle". – A passenger‑carrying vehicle owned, leased, or otherwisecontrolled by local government and assigned permanently or temporarily by localgovernment to local government employees, agencies, institutions, or facilitiesfor official local government business.

(10)      "Lodgingestablishment". – An establishment that provides lodging for pay to thepublic.

(11)      "Privateclub". – A country club or an organization that maintains selectivemembers, is operated by the membership, does not provide food or lodging forpay to anyone who is not a member or a member's guest, and is eitherincorporated as a nonprofit corporation in accordance with Chapter 55A of theGeneral Statutes or is exempt from federal income tax under the InternalRevenue Code as defined in G.S. 105‑130.2(1). For the purposes of thisArticle, private club includes country club.

(12)      "Privateresidence". – A private dwelling that is not a child care facility, asdefined in G.S. 110‑86(3), and not a long‑term care facility, asdefined in G.S. 131E‑14.3(a)(1).

(13)      "Privatevehicle". – A privately owned vehicle that is not used for commercial oremployment purposes.

(14)      "Publicplace". – An enclosed area to which the public is invited or in which thepublic is permitted.

(15)      "Restaurant".– A food or lodging establishment that prepares and serves drink or food asregulated by the Commission pursuant to Part 6 of Article 8 of this Chapter.

(16)      "Smoking".– The use or possession of a lighted cigarette, lighted cigar, lighted pipe, orany other lighted tobacco product.

(17)      "State government".– The political unit for the State of North Carolina, including all agencies ofthe executive, judicial, and legislative branches of government.

(18)      "Stategovernment building". – A building owned, leased as lessor, or the arealeased as lessee and occupied by State government.

(19)      "Statevehicle". – A passenger‑carrying vehicle owned, leased, or otherwisecontrolled by the State and assigned permanently or temporarily to a Stateemployee or State agency or institution for official State business.

(20)      "Tobaccoshop". – A business establishment, the main purpose of which is the saleof tobacco, tobacco products, and accessories for such products, that receivesno less than seventy‑five percent (75%) of its total annual revenues fromthe sale of tobacco, tobacco products, and accessories for such products, anddoes not serve food or alcohol on its premises.  (2007‑193, s. 1; 2008‑149,s. 2; 2009‑27, s. 1; 2009‑550, s. 6(a).)