The following words and phrases, whenever used in this division, shall be construed as defined in this section:
Bar.
An establishment that 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 those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.
Business.
A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
Electronic vaping device.
Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he/she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, electronic hookahs, e-hookahs or under any other product name or design.
Electronic vaping liquid, e-juice or e-liquid.
Any liquid product composed of propylene glycol or other carrier solvent and may contain nicotine or any other substance, and manufactured for use with electronic vaping devices.
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 nonprofit entity.
Employer.
A person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one or more individual persons.
Enclosed area.
All space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
Health-care facility.
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 hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health-care facilities.
Minor.
A person younger than eighteen (18) years of age.
Open display unit.
Any device, furniture or furnishing within or upon which items are displayed to customers, and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk, booth, stand, vending machine or other surface.
Place of employment.
An area under the control of a public or private employer that employees normally frequent 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.
Possession.
The actual care, custody, control, or management.
Private club.
An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section 501.
Public place.
An enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, educational facilities, gaming facilities, health-care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private club is a “public place” when being used for a function to which the general public is invited. A private residence is not a “public place” unless it is used as a child-care, adult day-care, or health-care facility.
Restaurant.
An eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.
Retail store.
An establishment whose purpose is to offer for sale and sell to consumers, not for resale, goods, wares, merchandise and food, which items are purchased for use and/or consumption off-premises, including but not limited to supermarkets, convenience stores, drug stores, and warehouse stores.
Retailer.
A person who engages in the practice of selling goods to customers in a retail store, including but not limited to a retail vaping store or retail tobacco store.
Service line.
An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
Shopping mall.
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking or smoke.
Inhaling, exhaling, burning, possessing or carrying any lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form and/or vaping or the use of any electronic vaping device.
Sports arena.
Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
Tobacco product.
A cigarette, a cigar, an electronic vaping device, smoking tobacco suitable for smoking in a pipe or as a cigarette, chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing, snuff or other preparations of pulverized tobacco, nicotine product, dissolvable nicotine, electronic vaping liquid, or any other article or product that is for use in an electronic vaping device.
Vaping.
Inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1031)
All enclosed facilities, including buildings and vehicles, owned, leased, or operated by the town shall be subject to the provisions of this division.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1032)
Smoking shall be prohibited in all enclosed public places within the town, including but not limited to the following places:
(1) 
Aquariums, galleries, libraries, and museums.
(2) 
Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to banks, laundromats, professional offices, and retail service establishments.
(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) 
Health-care facilities.
(11) 
Hotels and motels.
(12) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(13) 
Polling places.
(14) 
Private clubs when being used for a function to which the general public is invited.
(15) 
Public transportation vehicles, including buses and taxicabs, under the authority of the town, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
(16) 
Restaurants.
(17) 
Restrooms, lobbies, reception areas, hallways, other common-use areas.
(18) 
Retail stores.
(19) 
Rooms, chambers, or places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the town or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the town.
(20) 
Service lines.
(21) 
Shopping malls.
(22) 
Sports arenas, including enclosed places in outdoor arenas.
(23) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(24) 
Municipal town buildings.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1033)
(a) 
Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
(b) 
This prohibition on smoking shall be communicated to all existing employees by the effective date of this division and to all prospective employees upon their application for employment.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1034)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within a reasonable distance of 50 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas.
(2) 
In outdoor seating or serving areas of restaurants and within 50 feet thereof.
(3) 
In all outdoor arenas, public playgrounds, zoo, stadiums, and amphitheaters, except in designated smoking areas, which may be established only in perimeter areas at least 50 feet from any seating areas or concession stands. Smoking shall also be prohibited in, and within 50 feet of, bleachers and grandstands for use by spectators at sporting and other public events.
(4) 
In all public transportation stations, platforms, and shelters under the authority of the town.
(5) 
In all outdoor service lines.
(6) 
In outdoor common areas of nursing homes, except in designated smoking areas, which must be located at least 50 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(7) 
In all indoor and outdoor flea markets.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1036)
Notwithstanding any other provision of this division to the contrary, the following areas shall be exempt from the provisions of sections 7.03.002 and 7.03.003 [7.03.003 and 7.03.004]:
(1) 
Private residences, except when used as a child-care, adult day-care, or health-care facility, and except as provided in section 7.03.005.
(2) 
Personal automobiles.
(3) 
Private clubs that have no employees, except when being used for a function to which the general public is invited, provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this division. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this division.
(4) 
Outdoor areas of places of employment except those covered by the provisions of section 7.03.006.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1037)
(a) 
A person commits an offense if the person:
(1) 
Sells, gives or causes to be sold or given a tobacco product to a minor; or
(2) 
Sells, gives or causes to be sold or given a tobacco product to another person who delivers it to a minor.
(b) 
If an offense under this section occurs in connection with the sale by an employee of the owner of a store in which tobacco products are sold at retail, the employee is responsible for the offense and is subject to prosecution.
(c) 
It is a defense to prosecution under subsection (a)(1) that the person to whom the tobacco product was sold or given presented to the defendant valid proof of identification.
(d) 
Proof of identification is valid for purposes of subsection (c) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is eighteen (18) years of age or older and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport or an identification card issued by a state or the federal government.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1038)
(a) 
A minor commits an offense if the minor possesses a tobacco product, and the minor was not:
(1) 
In the course and scope of the minor’s employment by a person or entity holding a permit issued by the state, if required by law, authorizing the person to engage in the business of being a distributor, wholesaler, bonded agent or retailer of tobacco products; or
(2) 
In the presence of an adult parent, legal guardian, or spouse.
(b) 
A minor commits an offense if, in order to acquire a tobacco product, the minor states to any person engaged in the business of selling tobacco products that such minor is eighteen (18) years of age or older, or presents to any such person a document or writing that purports to establish that such minor is eighteen (18) years of age or older.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1039)
(a) 
A retailer or other person may not:
(1) 
Offer tobacco products for sale in a manner that permits a customer direct access to the tobacco products;
(2) 
Offer for sale or display for sale tobacco products by means of self-service merchandising; or
(3) 
Install or maintain an open display unit containing tobacco products.
(b) 
It is a defense to prosecution under subsection (a) that:
(1) 
The offense occurred in a facility or business that is not open to persons younger than eighteen (18) years of age at any time;
(2) 
The offense occurred in a facility or business that is a premises for which a person holds a package store permit issued under the Texas Alcoholic Beverage Code; or
(3) 
The open display unit was located in an area that is inaccessible to customers.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1040)
Notwithstanding any other provision of this division, 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 nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 7.03.012(a) is posted.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1041)
(a) 
“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) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this division, both in the English and Spanish language, by the owner, operator, manager, or other person in control of that place.
(b) 
Every public place and place of employment where smoking is prohibited by this division shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment under this division shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
(c) 
All ashtrays shall be removed from any area where smoking is prohibited by this division by the owner, operator, manager, or other person having control of the area.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1042)
(a) 
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this division or reports or attempts to prosecute a violation of this division. Notwithstanding section 7.03.015, violation of this subsection shall be a misdemeanor, punishable by a fine not to exceed $1,000.00 for each violation.
(b) 
An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1043)
(a) 
This division shall be enforced by the town manager or an authorized designee.
(b) 
Notice of the provisions of this division shall be given to all applicants for a business license in the town.
(c) 
Any citizen who desires to register a complaint under this division may initiate enforcement with the town manager or an authorized designee.
(d) 
The department of community development, fire department, police department, and public works department directors, or their designee(s), shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this division.
(e) 
An owner, manager, operator, or employee of an establishment regulated by this division shall inform persons violating this division of the appropriate provisions thereof.
(f) 
Notwithstanding any other provision of this division, an employee or private citizen may bring legal action to enforce this division.
(g) 
In addition to the remedies provided by the provisions of this section, the town manager or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this division may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1044)
(a) 
Any person violating any section of this division is subject to punishment as set forth in section 1.01.009 (general penalty for violations of code) of this code. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof in which the violation is continued or permitted.
(b) 
In addition to the fines established by this section, violation of this division by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
(c) 
Violation of this division is hereby declared to be a public nuisance, which may be abated by the town manager or designee by restraining order, preliminary and permanent injunction, or other means provided for by law, and the town may take action to recover the costs of the nuisance abatement.
(d) 
Each day on which a violation of this division occurs shall be considered a separate and distinct violation.
(e) 
Any code compliance officer, code enforcement officer, health sanitation/food inspector, building inspector, planning/zoning compliance officer, environmental compliance officer, fire marshal or peace officer is authorized to issue citations for any violation under this division.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1045)
The town manager or his designees shall engage in a continuing program to explain and clarify the purposes and requirements of this division to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this division.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1046)
This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 14-24 adopted 11/10/14; 2006 Code, sec. 8.1047)
(a) 
It is unlawful for a person to possess a burning tobacco product, or to smoke tobacco in any form, in a facility, building, structure, or park owned by the town. The prohibited conduct includes:
(1) 
Possessing, carrying, or holding a lighted pipe, cigar, cigarette of any kind, or other lighted smoking equipment;
(2) 
Lighting a pipe, cigar, cigarette of any kind, or other lighted smoking equipment; or
(3) 
Emitting or exhaling smoke of a pipe, cigar, cigarette of any kind, or other lighted smoking equipment.
(b) 
“Park” means a town-owned park or recreational area including spectator and concession areas, playgrounds, public squares, athletic fields, and walking and biking trails. This also includes a park or recreational area made available to the town under an agreement with another local government entity.
(c) 
At a location where conduct is prohibited by this section, the prohibition extends to the parking lot of the facility, building, structure, or park. Smoking in a vehicle parked in such a parking lot is not excepted from these prohibitions.
(Ordinance 12-14 adopted 7/19/12; 2006 Code, sec. 1.1901)