[Prior Code ch. 14; Ord. 1078-2006, 2-22-2006]
A. 
It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the City in a state of intoxication. Except as authorized for such other City property or facility as may be exempted by action of the City Council, it shall be unlawful for any person to drink any intoxicating alcoholic beverage or any nonintoxicating alcoholic beverage upon or in any street, alley, or other public place within the City. It is unlawful to use, sell or furnish to another any illegal drug or narcotic in any place in the City except as legally prescribed by a physician.
B. 
For the purposes of this section, a "state of intoxication" means the condition in which a person is under the influence of any intoxicating, nonintoxicating, spirituous, vinous or malt liquors, or of any narcotic, to such extent as to deprive the person of his or her full physical or mental power.
[Prior Code ch. 14]
A. 
It is unlawful for any minor to be in possession of any nonintoxicating alcoholic beverage or beer while such person is upon any public street, road or highway or in any public place within the City limits.
B. 
It is unlawful for any parent or guardian of a minor to permit such person to be in possession of a nonintoxicating alcoholic beverage or beer.
C. 
It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street or alley any nonintoxicating beverage or beer except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed unless the opened container be in the rear trunk or rear compartment. The rear trunk or compartment shall include the spare tire compartment in a station wagon or panel truck or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.
D. 
For the purpose of this section, nonintoxicating beverage or beer shall be as defined by 37 Oklahoma Statutes Section 163.2.
[Prior Code, Chapter 14]
A. 
Is it unlawful:
1. 
For any person to barter, sell, give away or otherwise furnish to another any intoxicating liquor or beverage of any kind except as permitted by law;
2. 
To have in possession or under control any intoxicating liquor or beverage except as permitted by law, or to transport or in any manner convey from place to place in the City any intoxicating liquor or beverage except as permitted by law;
3. 
To loiter in a place where intoxicating liquor is sold, bartered, given away or otherwise furnished contrary to law; or
4. 
To keep, maintain, aid or abet in keeping or maintaining a place where intoxicating liquor is sold, bartered, given away or otherwise furnished in violation of law.
[Ord. 572, 5-2-1977]
A. 
It is unlawful for any person:
1. 
To appear or be upon or in any street, alley, place of business, or other public place while under the influence of opium or other narcotic;
2. 
To use, have, or possess opium or other narcotic upon or in any street, alley, place of business, or other public place within the City;
3. 
To use opium or other narcotic in any place within the City except as legally prescribed by a physician licensed to practice in the State;
4. 
To loiter about a place where opium or other narcotic is sold or furnished illegally; or
5. 
To sell or furnish illegally to another person opium or any other narcotic.
B. 
For the purpose of this Section, "narcotic" includes marijuana and any controlled dangerous drug as defined by Section 2-101 of Title 63 of the Oklahoma Statutes.
[Prior Code, Chapter 14]
A. 
It is unlawful for any person to:
1. 
Be a prostitute;
2. 
Solicit, entice, or procure another to commit or engage in any act of prostitution or lewdness;
3. 
Engage in any act of prostitution or act of lewdness;
4. 
Knowingly let premises for purposes of prostitution or lewdness;
5. 
Conduct a business or premises for prostitution or lewdness;
6. 
Accept or receive the proceeds of any act of lewdness or prostitution; or
7. 
Be a party to an act of prostitution or solicitation of prostitution or be a party to an act of lewdness in the limits of the City.
B. 
For the purposes of this Section:
1. 
Prostitution is the giving of the body for sexual intercourse or sodomy for hire or money;
2. 
Soliciting for prostitution is the soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution;
3. 
Letting premises for prostitution is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge;
4. 
Letting premises for lewdness is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of lewdness or allowing the continued use of the premises with that knowledge; and
5. 
Lewdness means the performance of an act of sexual intercourse or other sexual activity with another person, except a spouse, of either sex, for the purpose of obtaining an orgasm, or to offer to solicit or suggest to another person such activity.
[Prior Code, Chapter 14]
A. 
A disorderly house means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
1. 
The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by State statute;
2. 
The violation of any of the ordinances of this City or statutes of this State regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than 0.5% alcohol by volume;
3. 
The performance of any sexual act declared unlawful by State statute or City ordinance including, but not limited to, soliciting for purposes Of prostitution;
4. 
The violation of any State statute or City ordinance prohibiting gambling.
[Prior Code, Chapter 14]
A. 
No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house.
B. 
No owner, lessee, lessor, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
[Prior Code, Chapter 14]
No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this Section, the City shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This Section shall not apply to physicians or officers in the discharge of their professional or official duties.
[Prior Code, Chapter 14]
A. 
It is unlawful for any person to:
1. 
Appear in any public place in the City in a state of nudity;
2. 
Appear in any public place in the City in any offensive, indecent or lewd dress; or
3. 
Make an indecent public exposure of his or her person.
[Prior Code, Chapter 14; amended by Ord. 598, 12-1-1980]
The following terms when used in this chapter shall have the meanings respectively ascribed to them in this Section:
AVAILABLE TO THE PUBLIC
That the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and the content of the material.
MATERIAL
Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernible turgid state.
OBSCENE
That to the average person applying contemporary community standards:
A. 
The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., shameful or morbid interest in sexual conduct, nudity, or excretion;
B. 
The matter depicts or describes in a patently offensive manner sexual conduct regulated by Title 21 of the Oklahoma Statutes, and
C. 
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments providing food and beverages; including, but not limited to, hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining.
[Prior Code, Chapter 14; amended by Ord. 598, 12-1-1980]
A. 
It is unlawful for any person to:
1. 
Knowingly disseminate, distribute or make available to the public any obscene material; or
2. 
Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or
3. 
Knowingly engage or participate in any obscene performance made available to the public; or
4. 
Provide service to patrons in such a manner as to expose to public view:
a. 
His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
b. 
Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
c. 
Any portion of the female breast at or below the areola thereof; or
d. 
Knowingly promote the commission of any of the above listed unlawful acts.
[Prior Code, Chapter 14]
A. 
It is unlawful to be a vagrant in the limits of the City. For the purposes of this Section, a "vagrant" means any person who loiters or remains in or wanders about, a public or private place for any of the following purposes:
1. 
For the purpose of gambling with cards, dice or other gambling paraphernalia;
2. 
For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;
3. 
For the purpose of engaging in theft, or breaking and entering any building, property or automobile of another;
4. 
For the purpose of injuring, destroying, molesting or defacing any property of another;
5. 
For the purpose of assaulting any person;
6. 
For the purpose of begging or soliciting alms, provided that this Section shall not apply to persons soliciting alms for bona fide religious, charitable or eleemosynary organizations with the authorization of such organizations; or
7. 
For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband.
[Ord. 1160-2009, 10-5-2009]
A. 
For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section:
CUSTODIAN
Any person over the age of 21 years who is in loco parentis to a minor.
GUARDIAN
Any person other than a parent who has legal guardianship of a minor.
MINOR
Any person under the age of 18.
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
B. 
It is unlawful for any minor to remain, wander, stroll or play in any public place on foot or to cruise about without a set destination in any vehicle in, about or upon any public place in the City between the hours of 12:00 midnight and 6:00 a.m. on any day unless:
1. 
The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor;
2. 
The minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor; or
3. 
Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
4. 
The City council, by motion or resolution, establishes curfew times other than those described previously in this section and that apply to specific municipal parks, recreation areas, playgrounds, or other public places managed or operated by the City of Tahlequah. All such alternate curfew times shall be posted upon the premises of those public places to which they apply.
C. 
It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in Subsection B of this section.
D. 
It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the City between the hours of curfew designated in Subsection B of this section. The provisions of this section do not apply if:
1. 
The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor;
2. 
The minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor; or
3. 
The parent, guardian or other adult person herein has made a missing person notification to the City police department.
E. 
The council may permit by resolution or motion procedures for advance notice or registration with the City of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The council may also prescribe the procedures for taking into custody minors found in violation of this section. (1982 Code)
[Prior code ch. 14]
A. 
It is unlawful for any person, between the hours of 12:00) midnight and sunrise, to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place.
B. 
It is unlawful for a person to loiter on or about the premises of any public or private property or other public building.
[Prior code ch. 14]
It is unlawful for any person to beg alms for any person, organization or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.
[Prior code ch. 14]
A. 
It is unlawful for any person, firm or corporation, or agent or employee thereof, to do any of the following:
1. 
To play, to open or cause to be opened, or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage or other game played with dice, cards, or any device, for money, checks, chips, credit or any other thing of value;
2. 
To set up, operate or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit or any other things of value are played, when the act of playing the same might result in a gain or loss to the party playing;
3. 
To gamble knowingly in any other manner;
4. 
To knowingly permit his or its premises, houses, lot or other property to be used in connection with, or for, any act declared unlawful in this section.
B. 
It is unlawful and an offense against the City for any person to play any roulette wheel or slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks or any other representatives of value.
[Prior code ch. 14]
It is unlawful for any person to loiter about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device, or otherwise.
[Prior code ch. 14]
It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation, or otherwise, when such deception results in or contributes to the loss, damage, harm or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.
[Prior code ch. 14]
It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any persons firm or corporation, any money, property or valuable thing of the value of $50 or less by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin. The term "false or bogus check" shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with, such bank or other depository. Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within 180 days after same is delivered and accepted.
It is the intent of the City Council of the City of Tahlequah to exercise the authority granted under 63 O.S.§ 1-229.11 et seq., and as expressed hereafter in all subsections of Section 10-420, to protect public health and welfare by preventing youth and others access to tobacco, nicotine and vapor products.
[Ord. 1079-2006, 3-20-2006; amended Ord. 1177-2011, 5-2-2011; 8-16-2022 by Ord. No. 1344-2022]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
NICOTINE PRODUCT
Any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption; provided, however, this term shall not include products approved by the United States Food and Drug Administration for smoking cessation.
PERSON
Any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.
PROOF OF AGE
A driver license, license for identification only, or other generally accepted means of identification that describes the individual as 21 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE
A tobacco product, nicotine product or vapor product distributed to members of the public at no cost for the purpose of promoting the product.
SAMPLING
The distribution of samples to members of the public in a public place.
TOBACCO PRODUCT
Any product that contains tobacco and is intended for human consumption.
TRANSACTION SCAN
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.
TRANSACTION SCAN DEVICE
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.
VAPOR PRODUCT
Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. 
It is unlawful for any person to sell, give or furnish in any manner any tobacco product, nicotine product or vapor product to another person who is under 21 years of age, or to purchase in any manner a tobacco product, nicotine product or vapor product on behalf of any such person. It shall not be unlawful for an employee under 21 years of age to handle tobacco products, nicotine products or vapor products when required in performance of the employee's duties.
B. 
A person engaged in the sale or distribution of tobacco products, nicotine products or vapor 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 may be less than 21 years of age. If an individual engaged in the sale or distribution of tobacco products, nicotine products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this subsection.
C. 
Penalties.
1. 
Any violation of paragraphs A and/or B of this subsection is an offense against the City of Tahlequah; upon conviction of any such offense, the violator shall be punished 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 or nicotine products or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding 30 days; and
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 or nicotine products or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding 60 days.
2. 
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. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guility of the violation if such person proves that:
a. 
The individual who purchased or received the tobacco product, nicotine product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older, or
b. 
The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
Provided, that this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. 
It is unlawful for any person under 21 years of age to purchase, receive, or have in their possession any tobacco product, nicotine product or vapor product. It shall not be unlawful for an employee under 21 years of age to handle tobacco products, nicotine products or vapor products when required in performance of the employee's duties.
B. 
Any violation of paragraph A of this subsection is an offense against the City of Tahlequah; upon conviction of any such offense, the violator shall be punished as follows:
1. 
Not more than $100 for the first offense;
2. 
Not more than $200 for the second offense within a two-year period following the first offense;
3. 
Not more than $300 for the third offense within a two-year period following the first offense; and
4. 
Not more than $300 for a fourth or subsequent offense within a two-year period following the first offense.
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. 
It shall be unlawful for any person or retailer to distribute, tobacco products, nicotine products, vapor products or product samples to any person under 21 years of age.
B. 
No person shall distribute tobacco products, nicotine products, vapor products or 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 21 years of age.
C. 
Any violation of paragraphs A and/or B of this subsection is an offense against the City of Tahlequah; upon conviction of any such offense, the violator shall be punished as follows:
1. 
Not more than $100 for the first offense;
2. 
Not more than $200 for the second offense; and
3. 
Not more than $300 for a third or subsequent offense.
[Ord. 1177-2011, 5-2-2011; amended 8-16-2022 by Ord. No. 1344-2022]
A. 
It is unlawful for any person or retail store to display or offer for sale tobacco products, nicotine products, or vapor products in any manner that allows public access to the tobacco products, nicotine products or vapor products without assistance from the person displaying the tobacco products, nicotine products or vapor products 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 21 years of age.
B. 
When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, the total of any fines, fees, or costs shall not exceed $200 for each offense.
[Ord. 1177-2011, 5-2-2011; amended 8-16-2022 by Ord. No. 1344-2022]
A. 
Any conviction for a violation of this chapter and any compliance checks by a municipal police officer pursuant to paragraph C of this subsection shall be reported in writing to the Alcoholic Beverage Laws Enforcement (ABLE) Commission within 30 days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. Convictions shall be reported by the Town Clerk-Treasurer or his designee and compliance checks shall be reported by the Chief of Police or his designee.
B. 
For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized by the municipality and reported to the ABLE Commission, shall be considered together in such determination.
C. 
Persons under 21 years of age may be enlisted by the Police Department to assist in compliance checks and enforcement of this chapter pursuant to the rules of the ABLE Commission.
[Ord. 1254-2018, 2-20-2018]
A. 
It is the intent of the City Council of the City of Tahlequah to provide through this Section 10-426 and, consistent with the provisions of 21 Oklahoma Statutes Section 1247, and as expressed hereafter in this Section 10-426, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco product and vapor product use around non-users, especially children; by protecting the public from exposure to secondhand smoke where people work, play, and learn; by reducing the potential for children to wrongly associate tobacco product and vapor product use with a healthy lifestyle; and by affirming and promoting a healthy environment in the City of Tahlequah.
B. 
For the purposes of the sections stated in Subsection A of this section, the following terms and phrases shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
ELECTRONIC SMOKING DEVICE
Any electronic and/or battery operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. Electronic smoking device includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
INDOOR AREA
Any enclosed area used or visited by employees or the public, at all times, regardless of whether work is being performed. Indoor area includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, as well as 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.
MUNICIPAL PROPERTY
All buildings, indoor areas, and outdoor areas, including but not limited to recreational areas, and other property, or portions thereof, owned or operated by the City of Tahlequah, including but not limited to vehicles and equipment owned by the Municipality.
OUTDOOR AREA
Any area that is not an indoor area, and includes outdoor recreational areas.
PUBLIC PLACE
Any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase any indoor place used by or open to the public.
RECREATIONAL AREA
Any area that is owned, controlled or used by the City of Tahlequah and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller and ice skating rinks, beaches surrounding lakes and skateboard parks.
RESTAURANT
Any eating establishment regardless of seating capacity.
SMOKING
The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
STAND-ALONE BAR, STAND-ALONE TAVERN, AND CIGAR BAR
An establishment that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in paragraph 2 of Subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
TOBACCO PRODUCT
Any product that contains tobacco and is intended for human consumption. Tobacco product does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product.
VAPOR PRODUCT
Any noncombustible product that may or may not contain nicotine that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size that can be used to produce a vapor in a solution or other form. Vapor product shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, or electronic device.
[Ord. 1254-2018, 2-20-2018]
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.
B. 
Using tobacco products and vapor products is prohibited on all Municipal property, indoor and outdoor, including parks and recreational areas.
C. 
Nothing in this Section 10-426 prohibits any person or entity from prohibiting the use of tobacco products or vapor products on their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area.
D. 
No person or entity shall knowingly permit the use of tobacco products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco products or vapor products is prohibited by law.
E. 
No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law. However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this Section 10-426.
F. 
No person shall dispose of tobacco product or vapor product waste within an area in which the use of tobacco products or vapor products is prohibited.
G. 
No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this Section 10-426.
H. 
Any person who knowingly violates this section is guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the penalty provisions of Section 10-426.6 of this chapter.
[Ord. 1254-2018, 2-20-2018]
A. 
The restrictions provided in Section 10-426.2 of this chapter shall not apply to the following:
1. 
Stand-alone bars, stand-alone taverns and cigar bars.
2. 
The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games.
3. 
Up to 25% of the guest rooms at a hotel or other lodging establishment.
4. 
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.
5. 
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.
6. 
Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access.
7. 
Private offices occupied exclusively by one or more smokers.
8. 
Private residences and 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.
9. 
Medical research or treatment centers, if smoking is integral to the research or treatment.
10. 
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 Sections 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 USC, Sections 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.
11. 
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.
[Ord. 1254-2018, 2-20-2018]
A. 
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.
B. 
If smoking is to be permitted in any space exempted in Section 10-426.3 of this chapter or in a smoking room pursuant to Subsection A of 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.
C. 
Notwithstanding any other provision of this chapter, 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.
[Ord. 1254-2018, 2-20-2018]
A. 
The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this Section 10-426 shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.
B. 
For restrictions on the use of tobacco products or vapor products in indoor areas, the sign or decal shall be at least four inches by two inches in size and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, signs shall be weather-resistant, at least 15 inches by 15 inches or 12 inches by 18 inches in size, with lettering of at least one inch, and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided.
C. 
For purposes of this section, the City Administrator or his/her designee shall be responsible for the posting of signs on Municipal property, both indoor and outdoor.
D. 
Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this Section 10-426.
[Ord. 1254-2018, 2-20-2018]
A. 
Enforcement of this Section 10-426 shall be the responsibility of the City of Tahlequah. In addition, any peace officer or Code enforcement official may enforce this Section 10-426.
B. 
Any person who knowingly violates this Section 10-426 is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than $10 nor more than $100 in accordance with this Code.
C. 
The possession of a lighted tobacco product in violation of this Section 10-426 is a nuisance.
D. 
The remedies provided by this Section 10-426 are cumulative and in addition to any other remedies available at law or in equity.
E. 
Each instance of tobacco product or vapor product use in violation of this Section 10-426 shall constitute a separate violation.
F. 
The use of a vapor product in violation of this Section 10-426 is a nuisance.
G. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Section 10-426 tobacco product or vapor product use shall also constitute a violation of this Section 10-426.
[Ord. 1254-2018, 2-20-2018]
A. 
It is the intent of the City Council of the City of Tahlequah to supplement applicable State and Federal law and not to duplicate or contradict such law. The provisions of this Section 10-426 are severable, and the invalidity of any provision of this Section 10-426 shall not affect other provisions of this Section 10-426, which can be given effect without the invalid provision.