The following words, terms and phrases, whenever used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning:
Bar
means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and derives at least 60 percent of gross revenues from the sale of alcoholic beverages for on-premises consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret.
Business
means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including any retail establishment where goods or services are sold; and any professional corporation or other entity where legal, medical, dental, engineering, architectural, or other professional services are delivered.
Electronic smoking device
means an electronic, mechanical heating element or battery-operated device that delivers nicotine or other substances for inhalation. This term shall include every variation and type of such devices whether they are 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. The term does not include a prescription medical device unrelated to the cessation of smoking.
Employee
means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his services for a nonprofit entity or provides such services on a contract basis.
Employer
means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individuals.
Enclosed,
when used in reference to an area or a building or portion thereof, means closed in on all sides from floor to ceiling by solid walls, with or without windows and exclusive of doorways.
Health care facility
means 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, any hospital, rehabilitation hospital or other clinic, including any weight control clinic, nursing home, home for the aging or chronically ill, laboratory, or the office of any surgeon, chiropractor, physical therapist, physician, dentist, or specialist within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within a health care facility.
Meeting facility
means a building designed, operated and used primarily for private functions.
Place of employment
means an enclosed area under the control of a public or private employer where employees work or to which employees have access during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.
Private function
means a gathering of individuals for the purpose of deliberation, education, instruction, entertainment, amusement, or dining, where specific invitation is a prerequisite to entry and where the event is not intended to be open to the public.
Public place
means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:
(1) 
Aquariums, galleries, libraries, and museums;
(2) 
Areas available to and customarily used by the general public in businesses;
(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) 
Governmental facilities, including buildings and vehicles;
(11) 
Health care facilities; hotels and motels;
(12) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(13) 
Polling places;
(14) 
Pool and billiard halls;
(15) 
Public transportation facilities, including buses and taxicabs, and ticket, boarding, and waiting areas of public transit depots;
(16) 
Restaurants;
(17) 
Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(18) 
Restaurants;
(19) 
Retail establishments;
(20) 
Service lines;
(21) 
Shopping malls;
(22) 
Sports arenas; and
(23) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
A private residence is not a “public place” unless used as a child care, adult day care, or health care facility.
Restaurant
means a food service establishment, including but not limited to any coffee shop, cafeteria, sandwich stand, and private and public school cafeteria, that gives or offers for sale food to the public, guests, or employees, as well as any kitchen or catering facility in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.
Retail tobacco store
means any retail establishment utilized primarily for the sale of tobacco products and smoking accessories in which the sale of other products, including food and beverages, does not exceed 40 percent of gross revenues.
Service line
means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
Shopping mall
means an enclosed public walkway or hall area that serves to connect customer entrances to two or more retail or other businesses and is used for customer pedestrian traffic.
Smoking
means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or any other lighted or heated tobacco, plant product or chemical product intended for inhalation, in any manner or form. Smoking also includes the use of an electronic smoking device or the use of any oral smoking device.
Sports arena
means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley, pool hall or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
Tobacco bar
means a bar in which the on-site sales or rentals of tobacco products and smoking accessories for consumption or use on the premises exceed 20 percent of gross revenues and into which entry is restricted to individuals 18 years of age and above.
(Ordinance 12-703, sec. 2, adopted 2/23/12; Ordinance 19-835, sec. 2, adopted 2/14/19; 2007 Code, sec. 28-701)
(a) 
Smoking shall be prohibited in all enclosed areas within places of employment, except as provided in section 7.03.007.
(b) 
An employer shall communicate this prohibition to all prospective employees upon their application for employment.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-703)
Smoking shall be prohibited in the seating areas and covered concourses of all outdoor sports arenas, stadiums, and amphitheaters, as well as in bleachers and grandstands for use by spectators at sporting and other public events.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-704)
Smoking is prohibited within 25 feet outside entrances, exits, or wheelchair ramps serving any entrance or exit, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas. This section shall not apply to restaurant and bar outdoor seating areas.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-706)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of sections 7.03.002 and 7.03.003:
(1) 
Private residences, except when used as a child care, adult day care, or health care facility;
(2) 
Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 35 percent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or non-smoking may not be changed, except to add additional non-smoking rooms;
(3) 
Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article;
(4) 
Retail tobacco stores, provided that no on-premises consumption of alcoholic beverages is permitted and smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this article;
(5) 
Tobacco bars in operation on or before March 1, 2012; provided that the establishment operates an air ventilation and purification system using best available technology, offers comprehensive health insurance to its employees, including a substantial employer contribution, and obtains a permit from the department. The city manager is authorized to issue a permit for such establishments that are consistent with rules and regulations developed by the city manager regarding air ventilation and purification systems and comprehensive health insurance for the purpose of mitigating the effects of secondhand smoke on employees. The city manager is authorized to require a permit fee, not to exceed $2,000.00, that reflects the actual cost of processing and issuing said permit;
(6) 
An existing establishment or facility:
(A) 
Whose gross receipts for alcohol sales are in excess of 80 percent of the total gross receipts of the establishment or facility; and
(B) 
Which posts and maintains a sign conspicuous to ordinary public view at each public entrance to the establishment that contains the words: “SMOKING: This Establishment Does Not Provide a Non-Smoking Area.”
(7) 
Designated enclosed meeting areas in convention centers, hotels, motels, and other meeting facilities, only during times the meeting areas are in actual use for private functions, provided that the owners of such facilities shall designate in writing to the department the meeting areas in which smoking will be permitted. The designated meeting areas shall be separately enclosed from the rest of the facility, and smoke from these areas shall not be allowed to infiltrate into areas where smoking is prohibited under the provisions of this article;
(8) 
Stage areas of enclosed theaters, if smoking is an integral part of a theatrical performance; and
(9) 
A bingo facility operated under the Bingo Enabling Act, chapter 2001 of the Occupations Code, if:
(A) 
An enclosed non-smoking area is provided;
(B) 
The smoking area is mechanically ventilated to prevent smoke from entering the non-smoking area; and
(C) 
No one under the age of 18 is admitted to the smoking area.
(Ordinance 12-703, sec. 2, adopted 2/23/12; Ordinance 12-706, sec. 2, adopted 4/12/12; 2007 Code, sec. 28-707)
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 non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 7.03.009(a) is posted.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-708)
(a) 
The owner, operator, manager, or other person in control of a public place or place of employment shall 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 every public place and place of employment where smoking is prohibited by this article.
(b) 
The owner, operator, manager, or other person in control of a public place or place of employment place shall conspicuously post at every entrance thereto a sign clearly stating that smoking is prohibited therein.
(c) 
The owner, operator, manager, or other person in control shall remove all ashtrays from any area where smoking is prohibited by this article.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-709)
(a) 
The building department, in addition to any authority having jurisdiction to enforce city ordinances, shall have authority to enforce the provisions of this article.
(b) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the building department.
(c) 
The health officer and the fire marshal shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article.
(d) 
The health officer, after proper identification, shall be permitted to enter any public place and place of employment at any reasonable time, for the purpose of making inspections and examining applicable records of the establishment to determine compliance with this article.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-710)
The city manager is authorized to promulgate rules and regulations for the enforcement of this article.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-711)
(a) 
A person commits an offense if such person smokes in an area where smoking is prohibited by the provisions of this article.
(b) 
It shall be the duty of every person in control of an area where smoking is prohibited by the provisions of this article to request any person known to be smoking in such area to extinguish the burning tobacco product. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense.
(c) 
Whenever in this article an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in this article the doing of any thing or act is required or the failure to do any thing or act is prohibited, the intentional, knowing, reckless, or criminally negligent violation of the provision shall be and constitute a misdemeanor punishable, upon conviction, by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation of [and] each such act shall constitute and be punishable as a separate offense. Prosecution or conviction under this provision is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in this article or by law.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-712; Ordinance adopting 2022 Code)
This article shall not be construed to permit smoking where otherwise restricted or prohibited by other applicable law.
(Ordinance 12-703, sec. 2, adopted 2/23/12; 2007 Code, sec. 28-713)