(a) 
Smoking is prohibited in all enclosed public places within the City of Lubbock, except in designated smoking areas as defined in section 8.17.001, and as otherwise allowed in this article.
(b) 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare the entire establishment or facility a nonsmoking establishment.
(c) 
In the event a public place has common areas not the responsibility of individual tenants, the building owner or his representative shall be responsible for application of this article to such common areas.
(d) 
A smoking area may not be designated in:
(1) 
A facility of a public, primary or secondary school;
(2) 
An elevator;
(3) 
An enclosed theater or movie house, auditorium, music hall, lecture hall, or other performing arts venue;
(4) 
A library, museum, gallery, or aquarium;
(5) 
A hospital;
(6) 
A transit system bus or interstate bus, taxicab, or any other public transport;
(7) 
A public plane or train;
(8) 
A service line, cashier area, over-the-counter sales area, or other common traffic area;
(9) 
A restroom;
(10) 
A lobby, reception area, waiting room, hallway, or any other common-use area;
(11) 
The ticket, boarding, and waiting areas of public transit depots;
(12) 
Any room, chamber, place of meeting or public assembly under the control of any board, council, commission, committee, including joint committees or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
(13) 
Health facilities, including, but not limited to, waiting rooms, hallways, wards, and semiprivate rooms, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices;
(14) 
The lobbies, hallways and other common areas, in apartment buildings, condominiums, trailer parks, retirement facilities, adult care facilities, nursing homes, and other multiple-unit residential facilities;
(15) 
A polling place;
(16) 
The public areas of a fast food restaurant;
(17) 
An area within twenty (20) feet of an entrance to any enclosed area where smoking is prohibited; or
(18) 
A place in which smoking is prohibited by the fire marshal or by any other law, ordinance or regulation.
(1983 Code, sec. 12-247A; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
(a) 
The prohibitions against smoking contained herein shall not apply to the following places:
(1) 
To any facility including, but not limited to, restaurants, hotel, and motel conference or meeting rooms, and public and private assembly rooms in which one or more private functions are being held and which are under the control of the sponsor of the function and not the owner or operator of the facility, so long as the area being used for the private function qualifies as a designated smoking area as defined under section 8.17.001;
(2) 
To performing arts venues, but only by a performer participating in a theatrical performance;
(3) 
To a bar or cocktail lounge, as defined by the zoning ordinance of the City of Lubbock;
(4) 
To a retail tobacco store; however, this exception shall not apply to an establishment that shares a common HVAC system with any other tenant in the same building in which the retail tobacco store is located;
(5) 
To private clubs, which are owned by their members;
(6) 
To sports grills, as defined in the zoning ordinance of the city;
(7) 
To private residences, except when used as a child care, adult day care, health care facility, or other place of employment;
(8) 
To designated smoking hotel and motel rooms rented to guests;
(9) 
To outdoor areas or outdoor places of employment;
(10) 
To an outdoor dining area that is at least twenty (20) feet from, or separately walled from, gatherings of nonsmokers and which does not require employees or members of the public to walk through it upon entering the restaurant and which is properly posted with signage;
(11) 
To restaurants as defined in section 8.17.001, places of employment as defined in section 8.17.001, or public places as defined in section 8.17.001 where it is not otherwise prohibited to designate a smoking area. It shall be a requirement for the application of this subsection that the restaurant, public place, or place of employment has designated smoking areas, as defined in section 8.17.001, has complied with all requirements for the establishment of a designated smoking area, as provided in this article, and has petitioned the city for, and been granted, a permit to allow smoking. A proprietor or person in charge of a restaurant, public place or place of employment who desires to permit smoking shall designate an area not to exceed thirty (30) percent of the allowable area as the smoking area. The proprietor or person in charge shall locate the designated smoking area so that nonsmokers shall not have to travel through the smoking area to get to the cashier, a restroom or nonsmoking area. A proprietor or person in charge shall file a petition with the environmental inspection services department demonstrating proof of the percentage of the allowable area designated as a smoking area; the petition shall be filed not later than ninety (90) days after the effective date of this article, and annually thereafter. Prior to July 22, 2004, any new or transferred restaurants, places of employment or public places where it is not otherwise prohibited to designate a smoking area shall be allowed ninety (90) days from the issuance of a certificate of occupancy for a new building or from the date of property transfer to file for a permit to allow smoking. Within three (3) years after the effective date of this article, all restaurants, places of employment, or public places where it is not otherwise prohibited to designate a smoking area must comply with the requirements of this article. During the interim period until the changes described in the definition of “designated smoking area” in section 8.17.001 are completed, but not later than three (3) years after the effective date of this article, the proprietor or person in charge of a facility with an existing or proposed designated smoking area, which has obtained a permit as prescribed herein, shall separate the designated smoking area, where feasible, from a nonsmoking area by a wall or by a minimum of four (4) feet of contiguous floor space. After the three-year period, any smokefree restaurant, place of employment, or public place where it is not otherwise prohibited may elect to designate a smoking area as defined in section 8.17.001, if the facility complies with all requirements, as provided in this article, for the establishment of a designated smoking area and petitions the city for, and is granted, a permit to allow smoking.
(12) 
Bingo parlors for which a certificate of occupancy was issued prior to January 1, 2001.
(b) 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(1983 Code, sec. 12-247B; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
(a) 
All employers who operate a place of employment are encouraged to develop, implement, and maintain a written policy that accommodates the wishes of employees by designating smoking and nonsmoking areas under the same requirements as public areas.
(b) 
Smoking is prohibited in all enclosed facilities within a place of employment within the City of Lubbock, except for designated smoking areas, if such an area is provided to employees, and except as otherwise allowed by this article. Neither this prohibition nor the signage or permit provisions of this article shall apply to a business that is not primarily open to the public and employs no person other than the owner or operator.
(c) 
If an area that is normally used for employee purposes such as eating or drinking or any other privilege normally available to employees is selected as the “designated smoking area,” then an area offering the same services and privileges that is smoke free shall be made available to nonsmoking employees.
(d) 
Any employer may declare the entire place of employment a nonsmoking workplace.
(e) 
Any area designated for smoking by an employer shall meet the requirements of a designated smoking area, as provided in section 8.17.001 and the other provisions of this article.
(1983 Code, sec. 12-247C; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)
(a) 
Signs must be displayed at all public and employee entrances to all public places or places of employment where smoking is allowed. Signs shall be posted within ninety (90) days of the effective date of this article or within ninety (90) days of the opening of a new facility where smoking is allowed. This ninety-day period is effective until July 22, 2004; thereafter, any new or transferred restaurant, place of employment or public place that has designated a smoking area shall post signs within five (5) business days of opening the facility. All signs shall have dimensions of at least nine (9) inches by fifteen (15) inches and shall contain the following language: “WARNING, SMOKING ALLOWED IN THIS FACILITY – THE CITY OF LUBBOCK HEALTH BOARD HAS DETERMINED THAT SECOND HAND SMOKE IS UNSAFE.”
(b) 
Every public place where this article prohibits smoking shall have posted at every public and employee entrance a conspicuous sign clearly stating that smoking is prohibited.
(c) 
All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of such area.
(d) 
Permit.
Any public place, restaurant, or place of employment where smoking is permitted or which wishes to allow smoking in designated areas as defined in this article shall petition the city for a permit to do so within ninety (90) days of the effective date of this article or within ninety (90) days of the opening of a new or transferred facility. This ninety-day period is effective until July 22, 2004. Thereafter, existing smokefree restaurants, places of employment or public places where it is not otherwise prohibited to designate a smoking area may apply for a permit upon compliance with other smoking requirements of this article regarding designation of a smoking area. All permits shall be renewed annually.
(e) 
Permit fee.
It is the intent of the city council to charge for the cost of administering this article. The environmental inspection services department is directed to conduct a study over the first year to determine said cost and is authorized and directed to establish a fee commensurate with the actual cost of administering the program. Permits issued prior to the establishment of this fee shall be without cost. The fee shall be adjusted annually in accordance with section 1.03.004 of the Code of Ordinances of the City of Lubbock.
(1983 Code, sec. 12-248; Ordinance 2001-O0060, sec. 1, adopted 7/12/2001)