Title 7, Chapter 8, Section 1
As used in this chapter, the term:
(1) "Access area" means any paved walkway or sidewalk which is
within 50 feet of any remote service terminal. The term does not
include any street or highway open to the use of the public or any
(2) "Access device" shall have the same meaning as set forth in
Federal Reserve Board Regulation E, 12 C.F.R. Part 205,
promulgated pursuant to the federal Electronic Fund Transfer Act,
15 U.S.C. Section 1601, et seq.
(3) "Candlefoot power" means the light intensity of candles on a
horizontal plane at 36 inches above ground level and five feet in
front of the area to be measured.
(4) "Control" of an access area or defined parking area means to
have the present authority to determine how, when, and by whom
such access area or defined parking area is to be used,
maintained, lighted, and landscaped.
(5) "Customer" means a natural person to whom an access device has
been issued for personal, family, or household use.
(6) "Defined parking area" means that portion of any parking area
open for customer parking which is:
(A) Contiguous to an access area with respect to a remote
(B) Regularly, principally, and lawfully used for parking by
users of the remote service terminal while conducting remote
service terminal transactions during the hours of darkness; and
(C) Owned or leased by the operator of the remote service
terminal or owned or controlled by the party leasing the remote
service terminal site to the operator.
The term does not include any parking area which is not open or
regularly used for parking by users of the remote service terminal
who are conducting remote service terminal transactions during the
hours of darkness. A parking area is not open if it is physically
closed to access or if conspicuous signs indicate that it is
closed. If a multiple-level parking area satisfies the conditions
of this paragraph and would therefore otherwise be a defined
parking area, only the single parking level deemed by the operator
of the remote service terminal to be the most directly accessible
to the users of the remote service terminal shall be a defined
(7) "Financial institution" means such an institution as defined in Code Section 7-1-4.
(8) "Hours of darkness" means the period that commences 30 minutes
after sunset and ends 30 minutes before sunrise.
(9) "Operator" means any bank, savings association, credit union,
savings bank, or other business entity or any person who operates
a remote service terminal, but does not include any person or
entity whose primary function is to provide for the exchange,
transfer, or dissemination of electronic fund transfer data.
(10) "Owner of an automated teller machine" means the person
having the right to determine the financial institutions which
will be permitted to use, or participate in the usage of, the
automated teller machine but does not include any person or entity
whose primary function is to provide for the exchange, transfer,
or dissemination of electronic fund transfer data.
(11) "Public road" means any public right of way, including, but
not limited to, structures, sidewalks, facilities, and
appurtenances incidental thereto.
(12) "Remote service terminal" means any electronic information
processing device which accepts or dispenses cash in connection
with a credit, deposit, or convenience account. The term does not
include devices used solely to facilitate check guarantees or
check authorizations or which are used in connection with the
acceptance or dispensing of cash on a person-to-person basis, such
as by store cashier.