D.C. Mun. Regs. tit. 20, r. 20-2199

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-2199 - DEFINITIONS

Acts - D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979 (D.C. Official Code § 7-1701 et seq.) and D.C. Law 16-90, the Department of Health Functions Clarification Amendment Act of 2006 (D.C. Official Code § 7-741 et seq.).

Bar area of a restaurant - the area immediately adjacent to the bar in a restaurant where there are no dining tables or that is primarily the area where persons of legal drinking age consume alcoholic beverages purchased at the bar.

Director - the Director of the Department of Health.

Employee - the license holder, person in charge, person having supervisory or management duties, person on the payroll, volunteer, or person performing work under contractual agreement at a place of employment.

Enclosed area - the space between a floor and ceiling that is enclosed on all sides by solid walls, windows, or doors, exclusive of doorways, that extend from the floor to the ceiling, regardless of whether windows or doors are open.

Existing building - a building that was built, under construction, or had a building permit issued on or before August 3, 1991.

Place of employment - an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer, if the vehicle is used by more than one person. This term does not apply to a private residence unless it is used as a child development center, adult day care facility, or health care facility.

Public place - an enclosed area to which the public is invited or in which the public is permitted, including banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, nightclubs, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms. This term does not apply to a private residence unless it is used as a child development center, adult day care facility, or health care facility.

Review - a critical evaluation, examination, or study on a retrospective basis that may or may not include a formal examination of accounting records with applicable audit standards.

Smoking has the same definition as stated in Section 4915 of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-741.01 (2018 Repl.)).

Tobacco bar - a restaurant, tavern, brew pub, club, or nightclub that generates ten percent (10%) or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines or the rental of on-site humidors.

Tobacco product - any product made from or containing any percentage of the dried processed leaves of the plant genus nicotiana or any byproduct thereof used primarily for the purpose of smoking.

D.C. Mun. Regs. tit. 20, r. 20-2199

Final Rulemaking published at 39 DCR 5926, 5931 (August 7, 1992); as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007); amended by Final Rulemaking published at 68 DCR 5893 (6/4/2021)