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:
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.
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.
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.
The director of the department designated by the city manager or his designee to enforce and administer this article.
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.
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.
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.
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.
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.
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.
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.
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.
Any establishment which sells goods or services to the general public.
A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
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.
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.
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)