For the purposes of this article:
That area of a restaurant which is set apart from the main
dining area and has as its primary function the serving of alcoholic
beverages.
The area immediately adjacent to and extending for a seven-foot
radius from any cash register, customer service window, or other area
where goods or services are paid for or where goods are exchanged.
An establishment other than a private residence that provides
child care.
A restaurant or other facility or that portion of a facility
that sells or serves food for on-premises consumption.
Any electronically powered or battery powered device designed
to simulate the smoking of tobacco, cigarettes, pipes or cigars. An
electronic vaping device includes personal vaporizers, electronic
cigarettes (e-cigarettes), electronic pipes (e-pipes), electronic
cigars (e-cigars) and any other type of electronic nicotine delivery
system or any part thereof.
Any person who is employed by an employer for monetary compensation
or profit.
Any person, partnership, corporation, association, or other
entity that employs one or more persons.
An area where food or drink is manufactured, packaged, produced,
processed, or furnished for human consumption. This term does not
apply to private homes where food is prepared or served for guests
and individual family consumption.
Any facility engaged in the business of exhibiting motion
pictures to the public.
A sign stating “Non-Smoking Area” or “Smoking
Prohibited in this Building (or Area)” or bearing other appropriate
words and displaying the universal no-smoking symbol.
An individual, firm, partnership, association, or other legal
entity.
Any area to which the general public routinely has access,
which would not include areas which have been contracted for use by
a private group.
Buses, taxis, van services, or any transportation to which
the general public has access.
Any establishment which sells goods or services to the general
public.
Any 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.
Includes the carrying or holding of a lighted pipe, cigar,
or cigarette of any kind, or any other lighted smoking equipment or
device, and the lighting of, emitting, or exhaling the smoke of a
pipe, cigar, or cigarette of any kind.
A building or designated area in which live performances
are presented to an audience.
(2001 Code, sec. 8.801; Ordinance 2015-03, sec. 2, adopted 4/21/15)
The violation of any provision of this article shall be unlawful and a misdemeanor offense; each day a violation of this article continues shall constitute a separate offense. Any person violating this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code; provided, however, in the event a defendant has previously been convicted under this article, the defendant shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code for a second conviction under this article, and shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code for a third conviction under this article and for each conviction thereafter.
(2001 Code, sec. 8.807)
(a)
A
person commits an offense if he or she is smoking in any of the following
areas:
(1)
An elevator or stairwell;
(2)
A hospital or a nursing home corridor providing direct access to
patients’ rooms;
(3)
A child care facility;
(4)
Any school property, facility or building of a public primary or
secondary school, or an athletic facility (including an indoor or
outdoor athletic facility) of a public primary or secondary school;
(5)
Any area of a building owned, operated or managed by the city, including
but not limited to the Azle Municipal Center, police and fire stations,
community and recreation centers, the library and any seating area
of an athletic facility or an outdoor theater, except a city facility
that has been contracted in its entirety to a private party;
(6)
The area within the perimeter fence around a municipal swimming pool;
(7)
Public areas of retail and service establishments serving the general
public, including but not limited to drugstores, grocery stores, convenience
stores, banks, department stores, theaters, movie houses, bowling
alleys and museums;
(8)
A service line or queue in a public area;
(9)
Public restrooms, lobbies, waiting rooms, or cashier areas;
(10)
Vehicles providing public transportation;
(11)
Any area temporarily designated as non-smoking by order of the fire
department or health department when a potentially hazardous or unsafe
situation exists;
(12)
Any other area with markings or signs that comply with the requirements
of this article or state law which give reasonable notice that the
area is a no-smoking area.
(b)
An owner, lessee or other person in charge of a business commits an offense if he or she permits smoking in areas designated as non-smoking in subsection (a) of this section.
(c)
A
person commits an offense if he or she is smoking or using an electronic
vaping device in the area of central park reflected on attachment
B to Ordinance 2015-03 during music in the park or other city-sponsored
special events. Such area shall be clearly designated as a no smoking
and no vaping area.
(2001 Code, sec. 8.802; Ordinance 2015-03, sec. 3, adopted 4/21/15)
(a)
Smoking
shall be prohibited in food preparation areas and other non-dining
areas to which patrons have general access, including but not limited
to food order areas, restrooms and cashier areas.
(b)
Non-smoking
dining areas must be provided by eating establishments.
(c)
Eating
establishments providing non-smoking dining must post signs designating
such areas. Non-smoking dining areas must be situated so that non-smoking
diners do not have to enter smoking areas for access to cashier and
dining facilities.
(2001 Code, sec. 8.803)
It is a defense to prosecution if:
(1)
The
owner, lessee, or other person in charge of a business made a good
faith effort to prevent smoking in non-smoking areas. A good faith
effort shall include posting the required no-smoking signs and telling
the smoker to extinguish smoking materials or move to a smoking area.
(2)
The
retail or service establishment derives more than fifty percent of
its revenue from the sale of tobacco products, alcohol, or gambling.
This shall include a physically separated bar area of a restaurant.
(3)
The
retail or service establishment serving the general public has less
than five hundred square feet of public showroom or service space
and has only one employee on duty more than fifty percent of the time.
(4)
The
establishment is leased in its entirety to a private party.
(2001 Code, sec. 8.804)
(a)
Nothing
in this article shall prohibit an owner, operator, or person in control
of an area from designating the area as non-smoking or having more
stringent requirements than the requirements of this article.
(b)
Nothing
in this article shall be construed to allow smoking in any area where
it is prohibited by state or federal law at this time or by any future
statutory provisions.
(2001 Code, sec. 8.805)
(a)
No-smoking
signs shall be posted prominently at all entrances to non-smoking
areas. Sufficient extinguishing materials shall be provided at such
entrances.
(b)
The
owner, operator, employer, or person in control of an establishment
or area regulated by this article shall have ninety days from the
date of passage of the ordinance codified in this article to comply
with the requirements of this article.
(2001 Code, sec. 8.806)
