The following words and phrases, whenever used in this article,
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.
E-cigarettes.
Any electronic oral device, such as one (1) composed of a
heating element, battery, and/or electronic circuit, which provides
a vapor of nicotine or any other substances, and the use or inhalation
of which simulates smoking. The term shall include any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, 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 nonprofit entity.
Employer.
A person, business, partnership, association, corporation,
including a municipal corporation, trust, or nonprofit entity that
employs the services of one (1) or more individual persons.
Enclosed area.
All space between a floor and a ceiling that is bounded on
all sides by walls, doorways, or windows, whether open or closed.
A wall includes any retractable divider, garage door, or other physical
barrier, whether temporary or permanent.
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, semiprivate rooms, and
wards within health-care facilities.
Hookah lounge.
An establishment that derives more than ninety-five (95)
percent of its quarterly gross revenue from the sale of shisha for
consumption on the premises by customers and the sale of accessories
used for smoking shisha. A hookah lounge does not allow individuals
under the age of eighteen (18) to enter the premises, and does not
have a permit or license to sell alcoholic beverages, but may serve
food and nonalcoholic beverages for consumption on the premises by
customers.
Place of employment.
An enclosed area under the control of a public or private
employer, 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.
Playground.
Any park or recreational area designed in part to be used
by children that has play or sports equipment installed or that has
been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds or on
city or county grounds.
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
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 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 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.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, hookah or any other lighted or heated tobacco
or plant product intended for inhalation, in any manner or in any
form. “Smoking” also includes the use of an e-cigarette
which creates a vapor, in any manner or in any form, or the use of
any oral smoking device for the purpose of circumventing the prohibition
of smoking in this article.
Sports arena.
A place where people assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events,
including sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, and bowling alleys.
(Ordinance 15-095 adopted 12/14/15)
All enclosed areas, including buildings, structures, enclosures
and vehicles owned, leased, or operated by the city, shall be subject
to the provisions of this article.
(Ordinance 15-095 adopted 12/14/15)
Smoking shall be prohibited in all enclosed public places within
the corporate limits of the city, including but not limited to, the
following places:
(1) Aquariums,
galleries, libraries, museums, zoo facilities and their grounds.
(2) Areas
available to the general public in businesses and nonprofit entities
patronized by the public, including but not limited to, banks, laundromats,
professional offices, retail service establishments and country clubs.
(5) Child-care
and adult day-care facilities.
(7) Educational
facilities, both public and private.
(9) Gaming
facilities, including but not limited to bowling and billiard facilities.
(12) Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
(14) Public transportation vehicles, including buses and taxicabs, under
the authority of the city, and ticket, boarding, and waiting areas
of public transportation facilities, including bus, train, and airport
facilities.
(16) Restrooms, lobbies, reception areas, hallways, and other common-use
areas.
(18) Rooms, chambers, places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee or council of the city or a political subdivision of the
state, to the extent the place is subject to the jurisdiction of the
city.
(21) Sports arenas, including enclosed places in outdoor arenas.
(22) Theaters and other facilities primarily used for exhibiting motion
pictures, stage dramas, lectures, musical recitals, or other similar
performances.
(Ordinance 15-095 adopted 12/14/15)
(a) Smoking
shall be prohibited in all enclosed areas of 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 article and to all prospective employees
upon their application for employment.
(Ordinance 15-095 adopted 12/14/15)
Smoking shall be prohibited in all private clubs.
(Ordinance 15-095 adopted 12/14/15)
Smoking shall be prohibited in the following enclosed residential
facilities:
(1) All
private and semi-private rooms in nursing homes.
(2) At
least ninety (90) percent of hotel and motel rooms that are rented
to guests.
(Ordinance 15-095 adopted 12/14/15)
Smoking shall be prohibited in the following outdoor places:
(1) Within
a reasonable distance of fifteen (15) feet outside entrances, operable
windows, and ventilation systems of enclosed areas where smoking is
prohibited.
(2) In,
and within fifteen (15) feet of, outdoor seating or serving areas
of restaurants and bars.
(3) In
all outdoor arenas, stadiums, and amphitheaters. Smoking shall also
be prohibited in, and within fifteen (15) feet of, bleachers and grandstands
for use by spectators at sporting and other public events.
(4) In,
and within fifteen (15) feet of, all outdoor public transportation
stations, platforms, and shelters under the authority of the city.
(5) In
all outdoor service lines, whether or not within the (15) feet from
any outside entrances, operable windows or ventilation systems.
(6) In
outdoor common areas of apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes, and other multiple-unit
residential facilities, except in designated smoking areas, not to
exceed twenty-five (25) percent of the total outdoor common area,
which must be located at least fifteen (15) feet outside entrances,
operable windows, and ventilation systems of enclosed areas where
smoking is prohibited.
(7) In,
and within twenty-five (25) feet of, outdoor playgrounds.
(Ordinance 15-095 adopted 12/14/15)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of section
6.09.007:
(1) Private residences, unless used as a child-care, adult day-care or health-care facility licensed by the state, and except as provided in section
6.09.003.
(2) Not
more than ten (10) percent of hotel and motel rooms rented to guests
and designated as smoking rooms. All smoking rooms on the same floor
must be contiguous. Smoke from these rooms must not infiltrate into
areas where smoking is prohibited under the provisions of this article.
The status of rooms as smoking or nonsmoking may not be changed, except
to add additional nonsmoking rooms.
(3) Outdoor areas of places of employment except those covered by the provisions of section
6.09.007.
(4) Retail
tobacco stores in freestanding physical facilities or isolated venting
and air controls.
(5) Personal
automobiles or motor vehicles.
(6) A
hookah, cigar bar or e-cigarettes lounge that was in existence as
of the effective date of this article (December 14, 2015) and are
operating such a lounge, if all of the following requirements are
met:
(A) The lounge does not allow the smoking of any illegal products on
the premises.
(B) Smoke from the lounge does not migrate into any area where smoking
is prohibited under this article.
(C) The lounge does not expand in size or change its location after the
effective date of this article.
(Ordinance 15-095 adopted 12/14/15)
Notwithstanding any other provision of this article, 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
6.09.010 is posted.
(Ordinance 15-095 adopted 12/14/15)
The owner, operator, manager, or other person in control of
a public place or place of employment where smoking is prohibited
by this article shall:
(1) Clearly
and conspicuously post “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) in that place.
(2) Clearly
and conspicuously post at every entrance to that place a sign stating
that smoking is prohibited.
(3) Clearly
and conspicuously post on every vehicle that constitutes a place of
employment under this article at least one (1) sign, visible from
the exterior of the vehicle, stating that smoking is prohibited.
(4) Remove
all ashtrays from any area where smoking is prohibited by this article,
except for ashtrays displayed for sale and not for use on the premises.
(Ordinance 15-095 adopted 12/14/15)
(a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article. Notwithstanding section
6.09.014, violation of this subsection shall be punishable by a fine not to exceed one thousand dollars ($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 15-095 adopted 12/14/15)
(a) A
person who is younger than eighteen (18) years of age commits an offense
if the individual:
(1) Possesses, purchases, consumes or accepts an electronic cigarette,
e-cigarette or liquid nicotine; or
(2) Falsely represents himself or herself to be eighteen (18) years of
age or older by displaying proof of age that is false, fraudulent
or not actually proof of the individual’s own age in order to
obtain possession of, purchase or receive an electronic cigarette,
e-cigarette or liquid nicotine.
(b) It
shall be a defense to prosecution for a violation of this section
if the individual younger than eighteen (18) years of age possessed
the electronic cigarette, e-cigarette or liquid nicotine in the presence
of:
(1) An adult parent, a guardian or a spouse of the individual; or
(2) An employer of the individual, if possession or receipt of the electronic
cigarette, e-cigarette or liquid nicotine is required in the performance
of the employee’s duties as an employee.
(c) It
shall also be a defense to prosecution for a violation of this section
that the individual younger than eighteen (18) years of age is participating
in an inspection or test of compliance in accordance with section
161.088, Health and Safety Code.
(Ordinance 15-095 adopted 12/14/15)
(a) A
person or retailer commits an offense if the person or retailer with
criminal negligence:
(1) Sells, gives or causes to be sold or given an electronic cigarette,
e-cigarette or liquid nicotine to someone who is younger than eighteen
(18) years of age; or
(2) Sells, gives or causes to be sold or given an electronic cigarette
or e-cigarette or liquid nicotine to another person who intends to
deliver it to someone who is younger than eighteen (18) years of age.
(b) If
an offense under this section occurs in connection with a sale by
an employee of the owner of a store in which electronic cigarettes,
e-cigarettes and/or liquid nicotine is/are sold at retail, the employee
is criminally 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 electronic cigarette, e-cigarette or liquid nicotine was sold, given or presented to the defendant apparently valid proof of identification.
(d) A proof of identification satisfies the requirements 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 15-095 adopted 12/14/15)
(a) Except as provided by subsection
(b) below, a retailer or other person may not:
(1) Offer electronic cigarettes, e-cigarettes or liquid nicotine for
sale in a manner that permits a customer direct access to the electronic
cigarettes, e-cigarettes or liquid nicotine;
(2) Offer for sale or display for sale electronic cigarettes, e-cigarettes
or liquid nicotine by means of self-service merchandising; or
(3) Install or maintain an open display unit containing electronic cigarettes,
e-cigarettes or liquid nicotine.
(b) It is a defense to prosecution under subsection
(a) above, if:
(1) A facility or business is not open to persons younger than eighteen
(18) years of age at any time;
(2) A facility or business is a premises for which a person holds a package
store permit issued under the Alcoholic Beverage Code; or
(3) An open display unit is located in an area that is inaccessible to
customers.
(Ordinance 15-095 adopted 12/14/15)
(a) This
article shall be enforced by the city’s police department or
a certified code official.
(b) Notice
of the provisions of this article shall be given to all applicants
for a business license in the city.
(c) Any
citizen who desires to register a complaint under this article may
initiate enforcement with the city’s municipal court.
(d) The
health department, fire department, or their designees shall, while
an establishment is undergoing otherwise mandated inspections, inspect
for compliance with this article.
(e) An
owner, manager, operator, or employee of an establishment regulated
by this article shall direct a person who is smoking in violation
of this article to extinguish the product being smoked. If the person
does not stop smoking, the owner, manager, operator, or employee shall
refuse service and shall immediately ask the person to leave the premises.
If the person in violation refuses to leave the premises, the owner,
manager, operator, or employee shall contact a law enforcement agency.
(f) Notwithstanding
any other provision of this article, an employee or private citizen
may bring legal action to enforce this article.
(g) In
addition to the remedies provided by the provisions of this section,
the police department, a certified code official 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 article may apply for injunctive relief to
enforce those provisions in any court of competent jurisdiction.
(Ordinance 15-095 adopted 12/14/15)
(a) A
person who smokes in an area where smoking is prohibited by the provisions
of this article shall be guilty of a class C misdemeanor, punishable
by a fine not exceeding fifty and no/100 dollars ($50.00).
(b) Except as otherwise provided in section
6.09.004(a), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by:
(1) A fine not exceeding one hundred and no/100 dollars ($100.00) for
a first violation.
(2) A fine not exceeding two hundred and no/100 dollars ($200.00) for
a second violation within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional
violation within one (1) year.
(c) Except as otherwise provided in section
6.09.004(a) or
6.09.004(b), a person who violates a provision of this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred and no/100 dollars ($500.00).
(d) In
addition to the fines established by this section, violation of this
article 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.
(e) Each
day on which a violation of this article occurs shall be considered
a separate and distinct violation.
(Ordinance 15-095 adopted 12/14/15)
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
(Ordinance 15-095 adopted 12/14/15)
This article shall be liberally construed so as to further its
purposes.
(Ordinance 15-095 adopted 12/14/15)