The following words, terms and phrases, when used in this article, shall have the meaning subscribed to them in this section, except where the context clearly indicates a different meaning:
Bar or lounge
means any establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises that derives at least fifty-one (51) percent of its gross sales from the sale of alcoholic beverages for on-premises consumption, including, but not limited to, any tavern, night club, 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 or any professional corporation or other entity where legal, medical, dental, engineering, architectural or other professional services are delivered.
City
means the City of El Lago, Texas.
Dining area
means any area in which meals or entrees are served but shall not include the areas where the incidental service of hors d’oeuvres, snacks, pretzels, popcorn or similar items are provided.
Educational facilities
means any public or private day care center, nursery school, school, vocational school or special education center.
Employee
means any person who was employed by any employer for direct or indirect monetary wages or profits other than a domestic household worker.
Employer
means any person, business, partnership, association, corporation, including a municipal corporation, or nonprofit entity that employs the services of one (1) or more employees.
Enclosed area
means all space between a floor and ceiling that is enclosed on all sides by smoke impermeable walls or windows (exclusive of doorways) that extend from that door to the ceiling. An enclosed area may be a portion of a larger enclosed area.
Health care facility
means an office or institution providing care or treatment including, but not limited to, any hospital, rehabilitation hospital or other clinic.
Outdoor public facility
means an area located outside of a structure, a building or an enclosed or covered area which is accessible to the public at which the public gathers for recreational or community activities.
Public place
means any area to which the general public is invited or in which the general public is permitted including but not limited to:
(1) 
Areas available to and customarily used by the general public in businesses;
(2) 
Bars and lounges;
(3) 
Child care and adult day care facilities;
(4) 
Educational facilities, both public and private;
(5) 
Governmental facilities including buildings and vehicles;
(6) 
Health care facilities;
(7) 
Polling places;
(8) 
Pool and billiard halls;
(9) 
Restaurants;
(10) 
Restrooms, lobbies, reception areas, hallways and other common use areas of buildings;
(11) 
Retail establishments;
(12) 
Outdoor public facilities.
Restaurant
means any eating establishment including a food establishment as that term is defined under 25 TAC [Texas Agriculture Code] sec. 229.162(40) or any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared or vendor or otherwise handled. The term includes, but is not limited to, any coffee shop, cafeteria, luncheonette, sandwich stand, fast food establishment, private and public school cafeteria or eating establishment and any other eating establishment that gives or offers food to the general public, guests or employees, including kitchens in which food is prepared on the premises for serving elsewhere such as catering facilities, except that the term restaurant shall not be construed to include any portion of the establishment that constitutes a restaurant bar. A bar or lounge is not a restaurant.
Restaurant outdoor seating area
means any patio, sidewalk cafe, or similar area in which a contiguously situated restaurant provides outdoor food service to its patrons.
Retail and service establishment
means any area in which any goods or services of any nature are sold or offered for sale directly to consumers, including but not limited to grocery stores, convenient stores, dry good stores, banks, department stores and special shops.
Smoke or smoking
means inhaling, exhaling, burning, holding or carrying a lighted pipe, cigar or cigarette or other lighted smoking equipment or device in any manner or any form.
Uncovered public park area
means that portion of any public park located within the City which is not covered by any impermeable covering.
Workplace
means any area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional or business services of a business entity or which provide primarily clerical, professional or business services to other business entities or to the public at that location. The area under the control of the employer constituting the workplace shall include those areas to which employees have access during the course of their employment, including, but not limited to, work areas, employee lounges, employee restrooms, employee conference rooms and employee cafeterias. A private residence is not a workplace.
(Ordinance 366, sec. 2, adopted 1/19/08; Ordinance 367, sec. 2, adopted 2/2/09)
Smoking is prohibited within twenty-five (25) feet outside of the entrance, exit or wheelchair ramp serving any entrance or exit, operable windows, and ventilation systems of any enclosed area where smoking is prohibited, so as to ensure that tobacco smoke does not enter the enclosed area.
(Ordinance 366, sec. 2, adopted 1/19/08)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of this section:
(1) 
Billiard halls where the establishment uses more than fifty (50) percent of the premises for operational pool tables provided that food sales constitute less than ten (10) percent of gross sales;
(2) 
Uncovered public park areas;
(3) 
Private residences except when used as a licensed child care, adult day care or health care facility;
(4) 
Any designated smoking area in outdoor public facilities;
(5) 
Restaurant outdoor seating areas;
(6) 
The public rights-of-way located in the city and all parking lots accessible to the general public.
(Ordinance 366, sec. 2, adopted 1/19/08; Ordinance 367, sec. 3, adopted 2/2/09)
The owner, operator, manager or person in control of a public place or establishment or area where smoking is prohibited pursuant to this section shall clearly and conspicuously post a “no smoking” sign to ordinary public view at or near every public entrance to the establishment. The sign shall contain the words “No Smoking, City of El Lago Ordinance”, the universal symbol for no smoking, or other language that clearly prohibits smoking.
(Ordinance 366, sec. 2, adopted 1/19/08)
A person commits an offense if he or she is smoking in an area where smoking is prohibited by the provisions of this article.
Any person who violates any provision of this section shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in an amount not to exceed two thousand dollars ($2,000.00).
Each violation 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 366, sec. 2, adopted 1/19/08)