The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bar.
An area which 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 such beverages and where minors are not allowed admission. A restaurant that contains a bar is not included, as minors are admitted in these areas.
Director.
Chief administrative officer of the city-county public health district.
Electronic Smoking Device.
Any product containing or delivering nicotine or any other similar 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 “electronic smoking device” 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 non-profit entity.
Employer.
Any person, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
Enclosed area.
A space that is enclosed on all sides by solid partitions that extend from the floor to the ceiling, including, but not limited to, screens, walls, windows, and doors.
Operator.
The owner or person in charge of a public place or workplace, including an employer.
Public place.
An enclosed area or any portion thereof to which the public is invited or in which the public is permitted or allowed access, including, but not limited to: banks, bars, bingo halls, educational facilities, fraternal organizations, health care facilities, hotel and motel rooms, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, waiting rooms, and workplaces. A private residence is not a public place unless it is used as a child care, adult day care, or health care facility.
Retail tobacco store or retail electronic cigarette store.
A retail store whereby 75 percent of quarterly sales are from tobacco products and accessories, to include electronic cigarettes, in which the sale of other products is merely incidental.
Smoke.
To inhale, to exhale, to burn or to carry any lighted cigar, pipe, cigarette, weed or other plant in any manner or form, or to use an electronic smoking device.
Workplace.
An enclosed area under the control of a public or private employer in which employees work or have access to during the course of their employment.
(1966 Code, sec. 18-99; 2001 Code, sec. 58-101; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
A person commits an offense if the person smokes in a public place.
(b) 
A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the city.
(c) 
A person commits an offense if the person smokes in an enclosed area of a workplace.
(d) 
A person commits an offense if the person smokes within:
(1) 
20 feet of an entrance or open window of a public place, if the operator of the public place allows entry to children under the age of 18 years, or
(2) 
Five feet of an entrance or open window of a public place, if the operator of the public place does not allow entry to children under the age of 18 years.
(e) 
The owner or operator of a public place commits an offense if said owner or operator witnesses a person smoking in the public place and:
(1) 
Within five minutes of witnessing the smoker, fails to request the smoker to cease smoking,
(2) 
Provides further service to the smoker, or
(3) 
Within five minutes of witnessing the smoker, fails to request the smoker to leave the premises if the smoker has been requested to cease smoking and the smoker continues to smoke in the public place.
(f) 
A person commits an offense if the person smokes in or within 20 feet of:
(1) 
A playground in a public park,
(2) 
A festival, concert, or play sponsored by the city on city property,
(3) 
A pavilion in a public park,
(4) 
The seating area of any outdoor arena, stadium or amphitheater,
(5) 
Bleachers or grandstands for the use of spectators at sporting and other public events,
(6) 
A pool or pond in a public park, or
(7) 
The municipal produce market, which consists of Lots 8, 9 and the south half of Lot 10 of Block 162 of the Original Townsite (also known as 713 Ohio Street) during such time as said market is being utilized for the display or sale of food products.
(1966 Code, sec. 18-100; 2001 Code, sec. 58-102; Ordinance 26-2014, sec. 1, adopted 6/17/14)
This article does not apply to:
(1) 
A private residence, except when used as child care, adult day care or health care facility;
(2) 
A retail tobacco store;
(3) 
A retail electronic cigarette store;
(4) 
Before July 17, 2015, a building that was designated on October 1, 2014, by the state as a location authorized to conduct bingo in a license issued pursuant to the Texas Bingo Enabling Act (Texas Government Code sec. 2001.001 et seq.);
(5) 
Between July 17, 2015 and July 17, 2017, an enclosed area that is a separately enclosed, separately ventilated, smoking room within a building that was designated on June 17, 2014, by the state as a location authorized to conduct bingo in a license issued pursuant to the Texas Bingo Enabling Act (Texas Government Code sec. 2001.001 et seq.);
(6) 
Before June 17, 2016, a public place that was a bar on October 1, 2014; and
(7) 
Before June 17, 2016, a separately ventilated area of a food establishment that possessed its food establishment permit on June 17, 2014.
(1966 Code, sec. 18-106; 2001 Code, sec. 58-103; Ordinance 26-2014, sec. 1, adopted 6/17/14)
Nothing in this article shall be construed to prohibit the owner or operator of an enclosed or outdoor public place from voluntarily designating his property as non-smoking.
(1966 Code, sec. 18-107; 2001 Code, sec. 58-104; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
It shall be an offense for any individual to smoke in a taxicab.
(b) 
An owner or holder of a taxicab franchise commits an offense if the owner or his designee permits any individual to smoke in a taxicab.
(c) 
The holder of a taxicab service franchise shall conspicuously post a sign in each taxicab that indicates smoking is prohibited.
(1966 Code, sec. 20-22; 2001 Code, sec. 58-105; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
The owner or operator of a public place shall conspicuously post a “No Smoking” sign, the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it), or other sign containing words or pictures that could reasonably be understood as an intent to prohibit smoking:
(1) 
In each public place and workplace where smoking is prohibited by this article; and
(2) 
At each entrance to a public place or workplace where smoking is prohibited by this article.
(b) 
The operator of a public place shall conspicuously post signs in areas where smoking is permitted through an exemption under this article.
(c) 
The operator of a public place or an employer shall remove any ashtrays or other smoking accessories from a place where smoking is prohibited.
(d) 
It is not a defense to prosecution under this article that an operator failed to post a sign required under this section.
(1966 Code, sec. 18-101; 2001 Code, sec. 58-106; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee or applicant for employment reports a violation of this article.
(b) 
An employee who works in a setting where an employer permits smoking under this article does not waive or otherwise surrender any legal right the employee may have against the employer or any other party.
(1966 Code, sec. 18-102; 2001 Code, sec. 58-107; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
This section is cumulative of other laws providing enforcement authority.
(b) 
A person may report a violation of this article to the director of the health district or his designee.
(c) 
The director or his designee may enforce this article and may seek injunctive relief in addition to any civil or criminal penalties associated with a violation.
(d) 
The director or his designee may suspend or revoke a permit or license issued by the director to the operator of a public place or workplace where a violation of this article occurs, in addition to any other available remedies.
(1966 Code, sec. 18-103; 2001 Code, sec. 58-108; Ordinance 26-2014, sec. 1, adopted 6/17/14)
(a) 
The director or his designee shall:
(1) 
Obtain or develop a comprehensive tobacco education program to educate the public about the harmful effect of tobacco and its addictive qualities;
(2) 
Conduct informational activities to notify and educate businesses and the public about this article; and
(3) 
Coordinate the city’s tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education.
(b) 
To implement this section, the director or his designee may publish and distribute educational materials relating to this article to businesses, their employees, and the public.
(1966 Code, sec. 18-104; 2001 Code, sec. 58-109; Ordinance 26-2014, sec. 1, adopted 6/17/14)
A retail establishment shall only place tobacco products and electronic smoking devices for sale behind a sales counter or in another secure location that prevents minors from accessing the products without the intervention of an employee.
(1966 Code, sec. 18-105; 2001 Code, sec. 58-110; Ordinance 26-2014, sec. 1, adopted 6/17/14)