For the purpose of this article, the following definitions shall
apply:
means a place where mixed alcoholic beverages are sold for
consumption on the premises as the primary business activity as defined
by the zoning ordinance of the city.
means an area within a building primarily used for the unobstructed
passage of pedestrian traffic through the building.
means a designated area, which shall:
means all space between a floor and ceiling, which is enclosed
on all sides by solid walls or windows, which extend from the floor
to the ceiling, including a door which remains closed at all times,
except when used for entry or exit. Spaces screened by partitions,
which do not extend to the ceiling or are not solid, office landscaping
or similar structures are not considered enclosed areas.
means any person who is employed by an employer in consideration
for monetary compensation or profit.
means any person, partnership, corporation, association or
other entity that employs one or more persons.
means a food establishment with:
A limited fast food only menu; and
No waitstaff (counterstaff allowed); and
A passout window for delivery of food to be consumed off premises
(a passout window is not necessary if the establishment is located
within a shopping center as defined in the city zoning ordinance).
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The term “fast food restaurant” does not include
cafeterias or establishments where beverages must be consumed on premises.
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means a separate heating, ventilation, and air conditioning
system such that air from the smoking area is exhausting directly
to the outside and not circulated within the building or mixed with
the general dilution ventilation for the building and that creates
a negative pressure away from the door into the room sufficient to
prevent any flow of smoke from the smoking area to the nonsmoking
area. Such system shall supply a minimum of thirty cubic feet per
minute (30 CFM) outdoor air exchange per person and be under negative
pressure.
means an enclosed area controlled by any employer, but not
used by the general public, and to which employees have access during
the course of employment, including, but not limited to, work areas,
employee lounges, employee restrooms, conference rooms, and employee
cafeterias. The term does not include a private residence, unless
it is used as a child care, adult care or health care facility.
means a meeting open to the public and held in an enclosed
area of a public space.
means an enclosed area that is used by the general public,
to which the public is invited or in which the public is permitted
and includes, but is not limited to:
All enclosed facilities, including buildings and vehicles owned,
leased or controlled by the City of Lubbock;
All or any part of a building used for local governmental purposes;
A retail store, office, service establishment or other commercial
establishment;
A grocery store;
A restaurant, cafeteria, delicatessen, commissary, or mobile
food unit;
A public primary or secondary school, a public institution of
higher education, or any other educational facility;
A restroom;
An enclosed theater, movie house, auditorium, arena, music hall,
lecture hall, or other performing arts venue;
An elevator;
A library, museum, gallery, or aquarium;
A health care facility or hospital;
A child care nursery;
A courtroom or a jury waiting or deliberation room;
A recreational facility;
A service line, cashier area, over-the-counter sales area, or
common traffic area;
Sports arenas, stadiums, and convention halls, including bowling
facilities and other indoor recreational facilities;
A lobby, hallway or other common area in apartment buildings,
condominiums, trailer parks, retirement facilities, adult care facilities,
nursing homes or other multiple-unit residential facilities;
A polling place;
A public plane or train;
A transit system bus or interstate bus, taxicab, or any other
public transport;
A public transportation facility, including ticket, boarding
and waiting areas of public transit depots;
A lobby, reception area, waiting area, hallway, or other common-use
area;
A retail food production and marketing facility;
All areas available to, and customarily used by, the general
public in all businesses and nonprofit entities patronized by the
public, including, but not limited to, attorneys’ offices and
other offices, not otherwise exempted herein, banks, laundromats,
hotels and motels; and
The public areas of a fast food restaurant.
means a food establishment where the primary business is
the preparation and sale of food as defined by the zoning ordinance
of the city.
means a retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
means any indoor line in which one or more persons are waiting
for, or receiving, service of any kind, whether or not such service
involves the exchange of money.
means any cigarette, cigar, tobacco or smokeless tobacco
product sold in less than carton or equivalent units.
includes:
Carrying or holding a lighted pipe, cigar or cigarette of any
kind or any other lighted smoking equipment or device;
The combustion of any cigar, cigarette, tobacco or any similar
article or any other combustible substance in any manner or in any
form;
Emitting or exhaling the smoke of a pipe, cigar or cigarette
of any kind.
means indoor sports pavilions, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys, and
other similar places where members of the general public assemble
either to engage in physical exercise, participate in athletic competition
or witness sports events.
means an establishment as defined by the zoning ordinance
of the city.
(1983 Code, sec. 12-245; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
(a)
It
shall be unlawful for any person who owns, manages, operates or otherwise
controls the use of any premises subject to regulation under this
article to fail to comply with any of its provisions.
(b)
It
shall be unlawful for any person to smoke in any area where smoking
is prohibited by the provisions of this article.
(c)
A
person commits an offense if, at a public meeting or in a public place
at an area not designated as a smoking area, the person smokes and
fails or refuses to extinguish smoking materials or move to a designated
smoking area upon a request by any person to do so.
(d)
The
proprietor or person in charge of a business or other public place
commits an offense if:
(1)
The proprietor or person in charge allows smoking, but fails to comply
with the requirements of this article as to designation of a smoking
area, including the posting of signs; or
(2)
The proprietor or person in charge fails or refuses upon the request
of any person to ask a person smoking while not in a designated smoking
area to extinguish smoking materials or move to a designated smoking
area.
(e)
This
article does not require the owner, operator, manager, or any employee
of an establishment to report a violation of this article or to take
legal action against any individual violating this article.
(f)
The
environmental inspection services department shall inspect for compliance
with this article.
(g)
Any
owner, manager, operator or employee of any establishment regulated
by this article shall inform personnel violating this article of the
appropriate provisions thereof.
(1983 Code, sec. 12-246; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
(1983 Code, sec. 12-253; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
The environmental inspection services department shall engage
in a continuing program to explain and clarify the purposes and requirements
of this article to citizens affected by it, and to guide owners, operators
and managers in their compliance with it. Such program may include
publication of a brochure for affected businesses and individuals
explaining the provisions of this article and appropriate public education
about the dangers of secondhand smoke, the existence of the ordinance,
and the procedure for reporting violations.
(1983 Code, sec. 12-252; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
