§ 1399-n. Definitions. For purposes of this article:

1. "Bar" means any area, including outdoor seating areas, devoted to
the sale and service of alcoholic beverages for on-premises consumption
and where the service of food is only incidental to the consumption of
such beverages.

2. "Employer" means any person, partnership, association, limited
liability company, corporation or nonprofit entity which employs one or
more persons, including the legislative, executive and judicial branches
of state government and any political subdivision of the state.

3. "Food service establishment" means any area, including outdoor
seating areas, or portion thereof in which the business is the sale of
food for on-premises consumption.

4. "Membership association" means a not-for-profit entity which has
been created or organized for a charitable, philanthropic, educational,
political, social or other similar purpose.

5. "Place of employment" means any indoor area or portion thereof
under the control of an employer in which employees of the employer
perform services, and shall include, but not be limited to, offices,
school grounds, retail stores, banquet facilities, theaters, food
stores, banks, financial institutions, factories, warehouses, employee
cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators,
hallways, museums, libraries, bowling establishments, employee medical
facilities, rooms or areas containing photocopying equipment or other
office equipment used in common, and company vehicles.

6. "School grounds" means any building, structure, and surrounding
outdoor grounds contained within a public or private pre-school, nursery
school, elementary or secondary school's legally defined property
boundaries as registered in a county clerk's office, and any vehicles
used to transport children or school personnel.

7. "Retail tobacco business" means a sole proprietorship, limited
liability company, corporation, partnership or other enterprise in which
the primary activity is the retail sale of tobacco products and
accessories, and in which the sale of other products is merely
incidental.

8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco or cannabis as
defined in section 222.00 of the penal law, or cannabinoid hemp as
defined in section three of the cannabis law.

9. "Vaping" means the use of an electronic cigarette.

10. "Electronic cigarette" shall have the same meaning as in
subdivision thirteen of section thirteen hundred ninety-nine-aa of this
chapter.

11. "Retail electronic cigarette store" means a retail store devoted
primarily to the sale of electronic cigarettes, and in which the sale of
other products is merely incidental. The sale of such other products
shall be considered incidental if such sales generate less than
twenty-five percent of the total annual gross sales.