The following words and phrases, whenever used m this article, shall be construed as defined in this section:
Administrative.
The area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges, or meeting rooms.
Bar.
An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
Business.
A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
Cigar bar.
An establishment that derives more than fifty-one percent (51% ) of its quarterly gross revenue from the sale of only cigars for consumption on the premises by customers and the rental of on-site humidors. A cigar bar does not allow individuals under the age of eighteen (18) to enter the premises and does not have a permit or license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers.
City.
The City of Lancaster, Texas.
Electronic or digital smoking device.
Any electronic or battery operated device delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
Employee.
A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity.
Employer.
A person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one or more individual persons.
Enclosed area.
All space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
Food establishment.
An operation that stores, prepares, manufactures, packages, serves, vends, or otherwise provides food for human consumption such as restaurants, mobile vendors, and concession stands.
Health-care facility.
An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health-care facilities.
Hookah.
A water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to tobacco, shisha, or other plant matter.
Hookah bar.
An establishment that derives more than fifty-one (51%) of its quarterly gross revenue from the sale of shisa for consumption on the premises by customers and the sale of accessories used for smoking shisa. A hookah bar does not allow individuals under the age of eighteen (18) to enter the premises, and does not have a permit or license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers.
Patio.
An improved and defined unenclosed outside area associated with a food service establishment or bar used for purposes of dining or entertainment, provided that walkways are not to be considered patios; and further provided such establishment has a defined entrance at least ten feet from the designated smoking area.
Physical barrier.
A barrier that will form an effective membrane continuous from outside wall to outside wall, from a smoke barrier to a smoke barrier, from floor to floor, or roof above, or combination thereof, including continuity through all concealed spaces, such as above suspended ceiling, interstitial structural and mechanical spaces. Transfer grilles, louvers and similar openings shall not be used in these partitions. Self-closing, tight-fitting doors are permitted in such barriers.
Place of employment.
An area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and temporary offices. A private residence is not a “place of employment” unless it issued as a child-care, adult day-care, or health-care facility.
Playground.
Any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city grounds.
Private club.
An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation, and which does not have employees, but instead has only volunteer or organization member-provided labor for its on-site operations. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section 501.
Private function.
The rental of a ballroom, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions other than a city facility that the general public is not able to attend.
Public event.
An event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, fanners’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
Public place or common area.
An area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gambling facilities, health-care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child-care, adult day-care, or health-care facility.
Recreational area.
Any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to amusement parks, athletic fields, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.
Restaurant.
An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term ‘‘restaurant” shall include a bar area within the restaurant.
Retail and service establishment.
Any establishment that sells goods or services to the general public.
Retail electronic smoking device store.
A store used primarily for the sale of electronic or digital cigarettes or substances used in those or similar devices to produce inhalable vapors and in which the sale of other products is incidental and where eighty percent (80%) of quarterly sales are from the sale of these devices and/or substances.
Retail tobacco store or tobacco store.
A retail store where seventy-five percent (75%) of quarterly sales are from the sale of tobacco products and accessories, to include electronic or digital cigarettes, and in which the sale of other products is merely incidental.
Second-hand smoke.
Ambient smoke resulting from the act of smoking.
Service line.
An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
Shopping mall.
An enclosed or unenclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoke or smoking.
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.
Smoking lounge.
A business establishment that is dedicated, in whole or in part to the selling or smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounge, hookah lounge, or tobacco bars.
Sports arena.
A place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
Tobacco product.
Any tobacco, cigarette, cigar, pipe tobacco, water pipe, flavored tobacco, smokeless tobacco, snuff or any other form of tobacco, or any substance containing a detectably amount of nicotine which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.
(Ordinance 2017-06-22 adopted 6/26/17)
All enclosed areas, including buildings and vehicles owned, leased, or operated by the city, as well as all outdoor property adjacent to such buildings and under the control of the city, shall be subject to the provisions of this article.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
Smoking shall be prohibited in all enclosed areas of places of employment, except as expressly noted in section 14.05.007 herein. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
(b) 
This prohibition on smoking shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.
(c) 
Smoking shall be prohibited in all public places within the city, including but not limited to, the following places:
(1) 
Aquariums, galleries, libraries, and museums.
(2) 
Areas available to the general public in businesses and nonprofit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.
(3) 
Bars.
(4) 
Bingo facilities.
(5) 
Child-care and adult day-care facilities.
(6) 
Convention facilities.
(7) 
Educational facilities, both public and private.
(8) 
Elevators.
(9) 
Gaming facilities.
(10) 
Health-care facilities.
(11) 
Hotels and motels.
(12) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(13) 
Parking structures.
(14) 
Polling places.
(15) 
Restaurants.
(16) 
Restrooms, lobbies, reception areas, hallways, and other common-use areas.
(17) 
Retail store.
(18) 
Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city.
(19) 
Service lines.
(20) 
Shopping malls.
(21) 
Sports arenas, including enclosed places in outdoor arenas.
(22) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
Smoking shall be prohibited in all enclosed areas of places of employment except as expressly noted in section 14.05.007 herein. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
(b) 
This prohibition on smoking shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.
(Ordinance 2017-06-22 adopted 6/26/17)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within a reasonable distance of fifteen feet (15') outside the primary entrance, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
(2) 
In all outdoor areas of stadiums, and amphitheaters. Smoking shall also be prohibited in, and within fifteen feet (15') of, bleachers and grandstands for use by spectators at sporting and other public events.
(3) 
In all outdoor service lines, whether or not within the fifteen feet (15') from any outside entrances, operable windows or ventilations systems.
(4) 
In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common areas, which must be located at least fifteen feet (15') outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(5) 
In and within twenty-five feet (25') of outdoor playgrounds.
(Ordinance 2017-06-22 adopted 6/26/17)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of sections 14.05.004 and 14.05.006:
(1) 
Private residences, unless used as a childcare, adult day-care, or health-care facility licensed by the state;
(2) 
Not more than ten percent (10%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous. Smoke from these rooms must not infiltrate into areas where smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(3) 
Outdoor areas of places of employment except those covered by the provisions of section 14.05.006;
(4) 
Retail tobacco stores in freestanding physical facilities or with physical barriers between the retail tobacco store and any adjoining tenant or occupancy;
(5) 
Personal automobiles or motor vehicles;
(6) 
A hookah bar or cigar bar;
(7) 
Those portions of a patio area of a restaurant or bar that meet the distance requirements of section 14.05.006(1); or
(8) 
Private clubs.
(Ordinance 2017-06-22 adopted 6/26/17)
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 14.05.009 is posted.
(Ordinance 2017-06-22 adopted 6/26/17)
The owner, operator, manager, or other person in control of a place of employment, public place, private club, or residential facility where smoking is prohibited by this article shall:
(1) 
Clearly and conspicuously post ‘“no smoking” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
(2) 
Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited.
(3) 
Clearly and conspicuously post on every vehicle that constitutes a place of employment under this article at least one (1) sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
(4) 
Remove all ashtrays from any area where smoking is prohibited by this article, except for ashtrays displayed for sale and not for use on the premises.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article. Notwithstanding section 14.05.015, violation of this subsection shall be a misdemeanor, punishable by a fine not to exceed $2,000.00 for each violation.
(b) 
An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
A person who is younger than eighteen (18) years of age commits an offense if the individual:
(1) 
Possesses, purchases, consumes or accepts an electronic cigarette, e-cigarette or liquid nicotine; or
(2) 
Falsely represents himself or herself to be eighteen (18) years of age or older by displaying proof of age that is false, fraudulent or not actually proof of the individual’s own age in order to obtain possession of, purchase or receive an electronic cigarette, e-cigarette or liquid nicotine.
(b) 
It shall be a defense to prosecution for a violation of this section if the individual younger than eighteen (18) years of age possessed the electronic cigarette, e-cigarette or liquid nicotine in the presence of:
(1) 
An adult parent, a guardian or a spouse of the individual; or
(2) 
An employer of the individual, if possession or receipt of the electronic cigarette, e-cigarette or liquid nicotine is required in the performance of the employee’s duties as an employee.
(c) 
It shall also be a defense to prosecution for a violation of this section that the individual younger than eighteen (18) years of age is participating in an inspection or test of compliance in accordance with section 161.088, Health and Safety Code.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
A person or retailer commits an offense if the person or retailer with criminal negligence:
(1) 
Sells, gives or causes to be sold or given an electronic cigarette, e-cigarette or liquid nicotine to someone who is younger than eighteen (18) years of age; or sells, gives or causes to be sold or given an electronic cigarette or e-cigarette or liquid nicotine to another person who intends to deliver it to someone who is younger than eighteen (18) years of age.
(b) 
If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which electronic cigarettes, e-cigarettes and/or liquid nicotine is/are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.
(c) 
It is a defense to prosecution under subsection (a)(1) that the person to whom the electronic cigarette, e-cigarette or liquid nicotine was sold, given or presented to the defendant apparently valid proof of identification.
(d) 
A proof of identification satisfies the requirements of subsection if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is eighteen (18) years of age or older and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport or an identification card issued by a state or the federal government.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
Except as provided by subsection (b), a retailer or other person may not:
(1) 
Offer electronic cigarettes, e-cigarettes or liquid nicotine for sale in a manner that permits a customer direct access to the electronic cigarettes, e-cigarettes or liquid nicotine;
(2) 
Offer for sale or display for sale electronic cigarettes, e-cigarettes or liquid nicotine by means of self-service merchandising; or
(3) 
Install or maintain an open display unit containing electronic cigarettes, e-cigarettes or liquid nicotine.
(b) 
It is a defense to prosecution under subsection (a), if:
(1) 
A facility or business is not open to persons younger than eighteen (18) years of age at any time;
(2) 
A facility or business is a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code; or
(3) 
An open display is located in an area that is inaccessible to customers.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
This article shall be enforced by the city’s police department.
(b) 
Notice of the provisions of this article shall be given to all applicants for a certificate of occupancy in the city.
(c) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the fire department, fire marshal’s office.
(d) 
The health department (Dallas County Health and Human Services), fire department, or their designee shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article.
(e) 
An owner, manager, operator, or employee of an establishment regulated by this article shall direct a person who is smoking in violation of this article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
(f) 
Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.
(g) 
In addition to the remedies provided by the provision of this section, the police department, a certified code official or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provision in any court of competent jurisdiction.
(Ordinance 2017-06-22 adopted 6/26/17)
(a) 
A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of a class C misdemeanor, punishable by a fine not exceeding two thousand dollars ($2,000.00).
(b) 
Except as otherwise provided in section 14.05.013(a), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by a fine not exceeding two thousand dollars ($2,000.00).
(c) 
In addition to the fines established by this, violation of this article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
(d) 
Each day on which a violation of this article occurs shall be considered a separate and distinct violation.
(Ordinance 2017-06-22 adopted 6/26/17)
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 2017-06-22 adopted 6/26/17)