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:
Air barrier system.
A system that creates an air curtain to prevent drift or penetration of tobacco smoke from a smoking area to a nonsmoking area not allowing drift or penetration from the ceiling down to 24 inches above the floor.
Air purification system.
An electrically powered hospital grade filter that will clean all of the air in the designated smoking area every 15 minutes as follows: Not less than 95 percent of 0.3 micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than 95 percent removal of gases, vapors, volatile organic compounds (VOC) and odors.
Designated smoking area.
An area which shall not exceed 50 percent of the net floor area and is equipped with an air purification system or a separate ventilation system and having a physical barrier system between it and the nonsmoking area.
Director of health.
The director of the department designated by the city manager or his designee to enforce and administer this article.
Electronic cigarette or e-cigarette.
A battery-powered product that uses an atomizer or similar device that allows users to inhale nicotine vapor or other vapor without fire, smoke, ash, or carbon monoxide. The definition of e-cigarette includes any of its component parts.
Enclosed area.
All space between a floor and ceiling which is enclosed on all sides by walls or windows, exclusive of doors or passageways, which extend from the floor to the ceiling.
Food product establishment.
Any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, boardinghouse, or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Other food product establishments include grocery stores and food markets, not including those outdoors.
Net floor area.
The floor area of the interior of the establishment normally utilized and accessible by patrons and/or the general public, and as determined by the city building official pursuant to the city building code.
Patio.
An improved and defined unenclosed outside area associated with a food service establishment or bar used for purposes of dining or entertainment, provided that walkways are not considered patios.
Physical barrier.
A barrier that will form an effective membrane continuous from outside wall to outside wall, from a smoke barrier to a smoke barrier, from floor to floor or roof above, or a combination thereof, including continuity through all concealed spaces such as above suspended ceilings and interstitial structural and mechanical spaces. Transfer grilles, louvers and similar openings shall not be used in these partitions. Self-closing, tightfitting doors are permitted in such barriers.
Private club.
Any building, premises or portion thereof which is permitted by the state and allowed by special use permit by the city as a private club for the storing, possession and dispensing for on-premises consumption of alcoholic beverages. The term “private club” does not include premises operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage [Alcoholic Beverage Code] private club membership.
Public area.
Any enclosed indoor area that is open to or is used by the general public, and includes but is not limited to retail stores, offices, professional, commercial or financial establishments, restaurants, public and private institutions of education, health care facilities, nursing and convalescent homes, residential treatment facilities, and buildings owned or occupied by political subdivisions.
Retail and service establishment.
Any establishment which sells goods or services to the general public.
Retail tobacco store.
A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
Service line.
An indoor line or area where persons await service of any kind, regardless of whether or not such service involves exchange of money. Such service shall include, but is not limited to, sales, giving of information, directions or advice, and transfers of money or goods.
Smoke or smoking.
The carrying or holding of a pipe, cigar or cigarette of any kind which is burning, or the igniting of a pipe, cigar or cigarette of any kind which is burning.
Ventilation system.
A HVAC system designed by a licensed professional engineer to meet the requirements of this article and meeting all the other requirements of the city mechanical code.
(1993 Code, sec. 92.01; 2006 Code, sec. 30-21; Ordinance 99-05-453, sec. 1, adopted 5/3/99; Ordinance 11-10-896, sec. 2, adopted 9/6/11; Ordinance 13-11-963, sec. 2, adopted 11/19/13; Ordinance adopting 2015 Code)
Any person, firm, or corporation violating any of the provisions or terms of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(2006 Code, sec. 30-32; Ordinance 10-04-835, sec. 4, adopted 4/5/10; Ordinance adopting 2015 Code)
It is the intent of this article to define distinct and separate areas for smoking and nonsmoking use to assure a smoke-free atmosphere in nonsmoking areas and prohibit the commingling of air between such areas. All air purification systems, air barrier systems, and air ventilation systems shall be tested and such test shall be observed by the city at the time of installation and at least every six months thereafter to ensure compliance with this article.
(1993 Code, sec. 92.02; 2006 Code, sec. 30-22; Ordinance 99-05-453, sec. 2, adopted 5/3/99)
(a) 
A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in the following indoor or enclosed areas:
(1) 
A public or private preschool, primary or secondary school;
(2) 
Elevators, museums, libraries, galleries, public transportation facilities open to the public and service lines of establishments doing business with the general public;
(3) 
Hearing rooms, conference rooms, meeting rooms or any public service area of any facility owned, operated or managed by the city in which public business is conducted, when the public business requires or provides an opportunity for direct participation or observation by the general public;
(4) 
Any building which is used or designated for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, athletic event, or any other event whenever open to the public, except smoking which is a part of a stage performance, including all restrooms and any area commonly referred to as a lobby;
(5) 
Any retail or service establishment serving the general public, including, but not limited to, any food products establishment, department store, restaurant, grocery store, private club, bingo parlor, bowling center, drugstore, shopping mall, or hair styling salon, including service lines;
(6) 
All restrooms open for public use;
(7) 
All areas in a laundromat open to and available to use by the public;
(8) 
Within all areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, commercial, financial and professional offices, including banks, hotels, and motels; or
(9) 
On any patio within 15 linear feet of any door, operable window or other opening to an indoor enclosed area of any facility where smoking is prohibited that is not equipped with an air curtain system.
(b) 
Notwithstanding any other provision of this article, any owner, operator, manager, or other person who controls any establishment or facility described in this article may declare that entire establishment or facility as a nonsmoking establishment.
(c) 
It shall be a defense to prosecution under this article that the public place in which the offense takes place does not have prominently displayed a conspicuous notice that smoking is prohibited and that an offense is punishable by a fine not to exceed $2,000.00.
(1993 Code, sec. 92.03; 2006 Code, sec. 30-23; Ordinance 99-05-453, sec. 3, adopted 5/3/99; Ordinance 11-10-896, sec. 3, adopted 9/6/11)
A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any public area of a health care facility or hospital, including, but not limited to, clinics, physical therapy facilities, doctors’ offices, nursing and convalescent homes, residential treatment centers/homes, and dentists’ offices. In bed space areas of health facilities, smoking shall be prohibited unless all patients within the room are smokers and such smoking is ordered on the health care facility’s admission form by an attending physician, in keeping with the guidelines established by the facility. Separate ventilation exhaust may be required by the director of health to accommodate such orders.
(1993 Code, sec. 92.04; 2006 Code, sec. 30-24; Ordinance 99-05-453, sec. 4, adopted 5/3/99)
The owner or person in charge of a facility in which smoking is regulated shall post signs which designate smoking or no smoking areas established by this article. The manner of such posting shall be at the discretion of the owner, operator, manager or other person having control of such room, building or other place so long as the signs are conspicuous and state that smoking is prohibited and that an offense is punishable by fine not to exceed $2,000.00.
(1993 Code, sec. 92.05; 2006 Code, sec. 30-25; Ordinance 99-05-453, sec. 5, adopted 5/3/99)
(a) 
The building official of the city shall provide each applicant seeking a certificate of occupancy with a copy of this article and each applicant shall comply with the provisions of this article.
(b) 
The owner, operator or manager of any facility, business or agency within the purview of this article shall comply with the provisions of this article.
(c) 
The director of health or his designee may enforce this article by any of the following actions:
(1) 
Serving notice requiring the correction of any violation of this article;
(2) 
Requesting the city attorney to maintain an action for injunction to enforce the provisions of this article to cause the correction of any such violation, and for assessment and recovery of a civil penalty of such violation, including attorney’s fees; or
(3) 
Issuance of a municipal court citation.
The remedies contained herein are cumulative and in addition to any other remedies that are available at law or in equity.
(d) 
In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the general welfare of its citizens. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that the city of one of its officers or employees breached any such obligation, and the breach proximately caused injury.
(1993 Code, sec. 92.06; 2006 Code, sec. 30-26; Ordinance 99-05-453, sec. 6, adopted 5/3/99)
Notwithstanding any other provisions of this article to the contrary, smoking is not prohibited in the following areas:
(1) 
Private residences, except when used as a licensed child care or health care facility;
(2) 
Hotel and motel rooms rented to guests;
(3) 
Retail tobacco stores;
(4) 
Any area exterior to the building in which the establishment or facility is located, except as otherwise regulated in this article;
(5) 
Any enclosed rooms in an establishment or facility which are being used entirely for private parties, events or other social functions;
(6) 
Enclosed areas of an employer that are not available to or customarily used by the general public;
(7) 
In the designated smoking areas of any food products, retail or service establishment serving the general public which has provided a designated smoking area equipped with a functional air purification system or functional separate ventilation system. Such systems shall have a negative pressure on the area designated for smoking to prevent air from a smoking area to be drawn across or into the nonsmoking area. All ventilation systems shall provide a total air exchange every 15 minutes and shall exhaust that air to the exterior of the building. A sign must be posted on the premises in a conspicuous place to advise the public that smoking is permitted in the designated smoking area. Designated smoking areas shall not include restrooms, service lines, public telephone areas, and other areas commonly used by all patrons, including access thereto (called “common areas”) in new establishments making application for a building permit for new construction after the effective date of the ordinance from this article is derived. Establishments existing or with building permits pending on the effective date of the ordinance from which this article is derived shall comply with the common areas requirements to the extent structurally feasible as is reasonably determined by the proprietor of the establishment; or
(8) 
Patios.
(1993 Code, sec. 92.07; 2006 Code, sec. 30-27; Ordinance 99-05-453, sec. 8, adopted 5/3/99; Ordinance 10-04-835, sec. 2, adopted 4/5/10; Ordinance 11-10-896, sec. 4, adopted 9/6/11)
(a) 
Any food product establishment or retail and service establishment currently existing or that has a building permit pending as of the effective date of this section which has an openable door or window separating a nonsmoking area from an outdoor seating or patio smoking area shall be equipped with an air curtain system that provides for sufficient air circulation to reduce the commingling of smoke-filled air into nonsmoking areas.
(b) 
Any food product establishment or retail and service establishment making application for a building permit for construction after the effective date of this section which has an openable door or window separating a nonsmoking area from an outdoor seating or patio smoking area shall be equipped with a functional air purification system or functional separate ventilation system. Such ventilation system shall prevent air from a smoking area to be drawn across or into the nonsmoking area, shall exhaust the air to the exterior of the building, and shall provide a total air exchange every 15 minutes.
(2006 Code, sec. 30-28; Ordinance 11-10-896, sec. 5, adopted 9/6/11)
(a) 
Definitions.
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
E-cigarette.
Is defined as set forth in section 10.03.001.
Minor.
A person younger than 18 years of age.
Possession.
Actual care, custody, control or management.
Tobacco product.
(1) 
A cigarette;
(2) 
A cigar;
(3) 
Smoking tobacco, including granulated, plug-cut, crimp-cut, ready rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette;
(4) 
Chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing;
(5) 
Snuff or other preparations of pulverized tobacco; or
(6) 
Any other article or product that is made of tobacco.
(b) 
Prohibition of possession of a tobacco product or e-cigarette by a minor.
A minor commits an offense if the minor possesses a tobacco or e-cigarette 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 authorizing the person to engage in the business of being a distributor, wholesaler, bonded agent or retailer of tobacco products or e-cigarettes; or
(2) 
In the presence of an adult, parent, guardian, spouse or other adult to whom the minor had been committed by a court.
(c) 
Purchase of a tobacco product or e-cigarette by a minor utilizing false information.
A minor commits an offense if, in order to acquire a tobacco product or an e-cigarette, the minor states to any person engaged in the business of selling tobacco products or e-cigarettes that such minor is 18 years of age or older, or presents to any such person a document or writing that purports to establish that such minor is 18 years of age or older.
(1993 Code, sec. 92.08; 2006 Code, sec. 30-29; Ordinance 99-05-453, sec. 9, adopted 5/3/99; Ordinance 13-11-963, sec. 3, adopted 11/19/13)
After June 1, 1999, it shall be unlawful for any business owner, manager, or employee in control of the premises where a tobacco product or e-cigarette vending machine is located to have the tobacco product or e-cigarette vending machine located in an area accessible to minors.
(1993 Code, sec. 92.09; 2006 Code, sec. 30-30; Ordinance 99-05-453, sec. 10, adopted 5/3/99; Ordinance 13-11-963, sec. 4, adopted 11/19/13)
Retail tobacco or e-cigarette stores are required to be located in a stand-alone building (as defined by the adopted building code).
(2006 Code, sec. 30-31; Ordinance 10-04-835, sec. 3, adopted 4/5/10; Ordinance 13-11-963, sec. 5, adopted 11/19/13)