[Code 1974 § 11-105; Code 1985 § 15-216;
Code 2005 § 70-161]
It shall be unlawful for any person to expectorate upon any
street or sidewalk, post office, public library, City hall or any
other building used for public purposes.
[Code 2005 § 70-162; Ord. No. 07-20-09-09, § 1, 7-20-2009]
A.
The possession of lighted tobacco in any form is a public nuisance
and dangerous to public health and is hereby prohibited when such
possession is in any indoor place used by or open to the public, public
transportation, or any indoor workplace, except where specifically
allowed by law.
As used in this section, "indoor workplace" means any indoor
place of employment or employment-type service for or at the request
of another individual or individuals, or any public or private entity,
whether part-time or full time and whether for compensation or not.
Such services shall include, without limitation, any service performed
by an owner, employee, independent contractor, agent, partner, proprietor,
manager, officer, director, apprentice, trainee, associate, servant
or volunteer. An indoor workplace includes work areas, employee lounges,
restrooms, conference rooms, classrooms, employee cafeterias, hallways,
any other spaces used or visited by employees, and all space between
a floor and ceiling that is predominantly or totally enclosed by walls
or windows, regardless of doors, doorways, open or closed windows,
stairways, or the like. The provisions of this section shall apply
to such indoor workplace at any given time, whether or not work is
being performed.
B.
All buildings owned or operated by the City shall be designated as
entirely nonsmoking and no smoking shall be allowed within 25 feet
of the entrance or exit of any such building.
C.
The restrictions provided in this section shall not apply to stand-alone
bars, stand-alone taverns and cigar bars as defined in 63 O.S. § 1-1522.
D.
The restrictions provided in this section shall not apply to the
following:
(1)
The room or rooms where licensed charitable bingo games are being
operated, but only during the hours of operation of such games;
(2)
Up to 25% of the guest rooms at a hotel or other lodging establishment;
(3)
Retail tobacco stores predominantly engaged in the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental and in which no food or beverage is sold or served
for consumption on the premises;
(4)
Workplaces where only the owner or operator of the workplace, or
the immediate family of the owner or operator, performs any work in
the workplace, and the workplace has only incidental public access.
"Incidental public access" means that a place of business has only
an occasional person, who is not an employee, present at the business
to transact business or make a delivery. It does not include businesses
that depend on walk-in customers for any part of their business;
(5)
Workplaces occupied exclusively by one or more smokers, if the workplace
has only incidental public access;
(6)
Private offices occupied exclusively by one or more smokers;
(7)
Workplaces within private residences, except that smoking shall not
be allowed inside any private residence that is used as a licensed
child care facility during hours of operation;
(8)
Medical research or treatment centers, if smoking is integral to
the research or treatment;
(9)
A facility operated by a post or organization of past or present
members of the Armed Forces of the United States which is exempt from
taxation pursuant to §§ 501(c)(8), 501(c)(10) or 501(c)(19)
of the Internal Revenue Code, 26 U.S.C., §§ 501(c)(8),
501(c)(10) or 501(c)(19), when such facility is utilized exclusively
by its members and their families and for the conduct of post or organization
nonprofit operations except during an event or activity which is open
to the public; and
(10)
Any outdoor seating area of a restaurant; provided, smoking
shall not be allowed within 15 feet of any exterior public doorway
or any air intake of a restaurant.
E.
An employer not otherwise restricted from doing so may elect to provide
smoking rooms where no work is performed except for cleaning and maintenance
during the time the room is not in use for smoking, provided each
smoking room is fully enclosed and exhausted directly to the outside
in such a manner that no smoke can drift or circulate into a nonsmoking
area. No exhaust from a smoking room shall be located within 15 feet
of any entrance, exit or air intake.
F.
If smoking is to be permitted in any space exempted by this section
or in a smoking room pursuant to this section, such smoking space
must either occupy the entire enclosed indoor space or, if it shares
the enclosed space with any nonsmoking areas, the smoking space shall
be fully enclosed, exhausted directly to the outside with no air from
the smoking space circulated to any nonsmoking area, and under negative
air pressure so that no smoke can drift or circulate into a nonsmoking
area when a door to an adjacent nonsmoking area is opened. Air from
a smoking room shall not be exhausted within 15 feet of any entrance,
exit or air intake. Any employer may choose a more restrictive smoking
policy, including being totally smoke free.
G.
Restaurants shall be totally nonsmoking or may provide nonsmoking
areas and designated smoking rooms. Food and beverage may be served
in such designated smoking rooms which shall be in a location which
is fully enclosed, directly exhausted to the outside, under negative
air pressure so smoke cannot escape when a door is opened, and no
air is recirculated to nonsmoking areas of the building. No exhaust
from such room shall be located within 25 feet of any entrance, exit
or air intake. Such room shall be subject to verification for compliance
with the provisions of this subsection by the State Department of
Health.
H.
The person who owns or operates a place where smoking or tobacco
use is prohibited by law shall be responsible for posting a sign or
decal, at least four inches by two inches in size, at each entrance
to the building indicating that the place is smoke-free or tobacco-free.
I.
Responsibility for posting signs or decals shall be as follows:
(1)
In privately-owned facilities, the owner or lessee, if a lessee is
in possession of the facilities, shall be responsible;
(2)
In corporately-owned facilities, the manager and/or supervisor of
the facility involved shall be responsible; and
(3)
In publicly-owned facilities, the manager and/or supervisor of the
facility shall be responsible.
J.
Any person who knowingly violates this section shall be guilty of
a misdemeanor, and upon conviction thereof, shall be punished by a
fine of not less than $10 nor more than $100.
[Code 2005 § 70-181; Ord. No. 08-17-09-10, § 1, 8-17-2009]
As used in the prevention of youth access to tobacco division:
Any individual, firm, fiduciary, partnership, corporation,
trust, or association, however formed.
A driver license, license for identification only, or other
generally accepted means of identification that describes the individual
as 18 years of age or older and contains a photograph or other likeness
of the individual and appears on its face to be valid.
A tobacco product distributed to members of the public at
no cost for the purpose of promoting the product.
The distribution of samples to members of the public in a
public place.
Any product that contains tobacco and is intended for human
consumption.
The process by which a seller checks, by means of a transaction
scan device, the validity of a driver license or other government-issued
photo identification.
Any commercial device or combination of devices used at a
point of sale or entry that is capable of deciphering in an electronically-readable
format the information encoded on the magnetic strip or bar code of
a driver license or other government-issued photo identification.
[Code 2005 § 70-182; Ord. No. 08-17-09-10, § 1, 8-17-2009]
A.
It is unlawful for any person to sell, give or furnish in any manner
any tobacco product to another person who is under 18 years of age,
or to purchase in any manner a tobacco product on behalf of any such
person. Provided, however, that it shall not be unlawful for an employee
under 18 years of age to handle tobacco products when required in
the performance of the employee's duties.
B.
A person engaged in the sale or distribution of tobacco products
shall demand proof of age from a prospective purchaser or recipient
if an ordinary person would conclude on the basis of appearance that
the prospective purchaser might be under 18 years of age.
If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not under 18 years of age, the failure to subsequently require proof of age shall not constitute a violation of Subsection B of this section.
C.
_____
(1)
When a person violates Subsection A or B of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine as follows:
a.
Not more than $100 for the first offense;
b.
Not more than $200 for the second offense within a two-year period
following the first offense;
c.
Not more than $300 for the third offense within a two-year period
following the first offense. In addition to any other penalty, the
store's license to sell tobacco products may be suspended for
a period not exceeding 30 days; or
d.
Not more than $300 for a fourth or subsequent offense within a two-year
period following the first offense. In addition to any other penalty,
the store's license to sell tobacco products may be suspended
for a period not exceeding 60 days.
(2)
When it has been determined that a penalty shall include a license
suspension, the court clerk shall notify the Oklahoma Tax Commission
and the Tax Commission shall, according to state law, suspend the
store's license to sell tobacco products at the location where
the offense occurred.
(3)
Proof that the defendant demanded, was shown, and reasonably relied
upon proof of age shall be a defense to any action brought pursuant
to this section.
D.
If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee of an owner of a store licensed to sell tobacco products shall be deemed a violation against the owner for purposes of a license suspension pursuant to Subsection C of this section. An owner of a store licensed to sell tobacco products shall not be deemed in violation of this section of the provisions of this section for any acts constituting a violation by any person, when the violation occurs prior to actual employment of the person by the store owner or the violation occurs at a location other than the owner's retail store. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations, for any violations of Subsection A or B of this section, each individual franchise or business location shall be deemed a separate entity.
E.
_____
(1)
Upon failure of the employee to pay the fine within 90 days of the
day of the conviction and assessment of such fine, the court clerk
shall notify the department of public safety and the department shall,
pursuant to state law, suspend or not issue a driver's license
to said employee until proof of payment has been furnished to the
department of public safety.
(2)
Upon failure of a store owner to pay the fine within 90 days of the
day of the conviction and assessment of such fine, the court clerk
shall notify the Oklahoma Tax Commission and the Tax Commission shall,
according to state law, suspend the store's license to sell tobacco
products until proof of payment has been furnished to the Oklahoma
Tax Commission.
[Code 2005 § 70-183; Ord. No. 08-17-09-10, § 1, 8-17-2009]
A.
It is unlawful for a person who is under 18 years of age to purchase,
accept receipt of, or have in their possession a tobacco product,
or to present or offer to any person any purported proof of age which
is false, fraudulent, or not actually his or her own, for the purpose
of purchasing or receiving any tobacco product. Provided, however,
that it shall not be unlawful for such a person who is under the age
of 18 years to handle such tobacco products when required in the performance
of such person's employment duties.
B.
When a person violates Subsection A of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of:
C.
Upon failure of the individual to pay such fine within 90 days of
the day of the conviction and assessment of such fine, the court clerk
shall notify the department of public safety and by operation of state
law, the department shall suspend or not issue a driver license to
said individual until proof of payment has been furnished to the department
of public safety.
[Code 2005 § 70-184; Ord. No. 08-17-09-10, § 1, 8-17-2009]
A.
It shall be unlawful for any person to distribute tobacco product
samples to any person under 18 years of age.
B.
No person shall distribute tobacco product samples in or on any public
street, sidewalk, or park that is within 300 feet of any playground,
school, or other facility when the facility is being used primarily
by persons under 18 years of age.
C.
D.
Upon failure of the individual to pay the fine within 90 days of
the assessment of such fine, the court clerk shall notify the department
of public safety, and the department, pursuant to state law, shall
suspend or not issue a driver's license to the individual until
proof of payment has been furnished to the department of public safety.
[Code 2005 § 70-185; Ord. No. 08-17-09-10, § 1, 8-17-2009]
A.
It is unlawful for any person to sell cigarettes except in the original,
sealed package in which they were placed by the manufacturer.
[Code 2005 § 70-186; Ord. No. 08-17-09-10, § 1, 8-17-2009]
A.
It is unlawful for any person or retail store to display or offer
for sale tobacco products in any manner that allows public access
to the tobacco product without assistance of the person displaying
the tobacco product or an employee or the owner of the store. The
provisions of this subsection shall not apply to retail stores which
do not admit into the store persons under 18 years of age.
