(a) Administrative area. Bar.(1) (2) Dining area. Director. Educational facility. Employee. Employer. Enclosed areas. Public place. Public service area. Restaurant. Retail and service establishment. Service line. Smoke or smoking. Work area. Workplace.
Definitions.
For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
The area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, and employee lounges, or meeting rooms.
A lounge bar or restaurant bar, which are defined as follows:
Lounge bar.
All areas of any establishment having 50% of its gross sales from sale of alcoholic beverages for on-premises consumption.
Restaurant bar.
Any area of a restaurant, excluding the dining area, that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food service, if any, is only incidental to the consumption of such beverages.
Any area containing a counter, booths or tables upon which meals are served.
The duly appointed city manager and/or the city manager's authorized representative who shall have the full authority to enforce and administer the smoking regulations of the city.
Any day-care center, nursery school, elementary school, middle school, junior high school, senior high school, vocational school, special education center, college or university.
Any person who is employed by any employer for direct or indirect monetary wages or profit, or is in a position that would lead one to believe that such person is so employed.
Any person, partnership, corporation, association or other entity that employs one or more persons.
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 floor to the ceiling, including all space therein screened by partitions, "office landscaping" or similar structures that do not extend from the floor to the ceiling or are not smoke-impermeable.
Any enclosed indoor area that may be used by the general public, and includes, but is not limited to: stores, offices, and other commercial establishments; restaurants; public and private institutions of higher education; and health care facilities.
Any area to which the general public routinely has access for municipal services or which is designated a public service area in a written policy.
Any 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, including a veterans' club, boarding house or guest house, which gives or offers for sale food to the general public or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not be construed to include any portion of the establishment that constitutes a "restaurant bar." A "lounge bar" shall not constitute a restaurant for any purpose.
Any enclosed area in any portion of which goods or services of any nature are sold or offered for sale directly to consumers including but not limited to grocery stores, convenience stores, dry goods stores, banks, department stores and specialty shops.
Any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service involves the exchange of money.
Includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, and the lighting of, emitting or exhaling of the smoke of a pipe, cigar or cigarette of any kind.
All portions of an indoor workplace that is not assigned as a work station for a particular employee and which is open and accessible to more than one employee in the ordinary course of business; such area does not include assigned single-occupant offices with floor-to-ceiling walls or partitions and closable doors.
Any enclosed 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 enclosed indoor area under the control of the employer shall include those areas to which employees have access during the course of employment, including but not limited to work areas, employee lounges, employee restrooms, employee conference rooms, and employee cafeterias. A private residence is not a place of employment.
(b)
General prohibition.
(1)
A person commits an offense if the person smokes or possesses a burning tobacco product, lighted cigar, cigarette, or any lighted smoking product in any of the following indoor public places:
(A)
An elevator used or which may be used by the public;
(B)
A hospital or nursing home;
(C)
Any conference room, meeting room, public service area, municipal court area, public civic center area, city offices, and all city workplaces;
(D)
Any retail or service establishment or financial institution serving the general public, including but not limited to any department store, grocery store, drugstore, clothing store, shoe store, hardware store, bank, savings and loan, credit union, laundromat, hair salon or barbershop;
(E)
Any facility of a public or primary or secondary school or library;
(F)
Any room in which meetings and/or hearings are open to the public; or
(G)
Any enclosed area owned, operated and managed by the city.
(2)
The owner or person in control of an establishment or area defined in subsection (a) [(b)(1)] of this section shall post a sign, conspicuous to ordinary public view, at or near each public entrance to the establishment. The sign shall contain the words "No Smoking, City of Jacksboro Ordinance," the universal symbol for "no smoking," or other language that clearly prohibits smoking.
(3)
It is a defense to prosecution under this section if the person was smoking:
(A)
As a participant in an authorized theatrical performance;
(B)
In a situation in which the person is present at an event in which an entire room or hall is used for a social function sponsored by a private entity or individual and seating arrangements are under the control of the sponsor of the function and not the proprietor or person in change of the place, unless the sponsor of the social function has designated the area where the person is smoking a nonsmoking area;
(C)
In an area not accessible to anyone else, such as a private office or dining room in an enclosed area, provided the area is separately ventilated and situated such that air is not drawn into common areas of the facility or workplace; or
(D)
Within an area specifically designated for smoking tobacco.
(c)
Smoking in public restaurants and food service establishments; designation of smoking areas.
(1)
It shall be unlawful for a person to knowingly or intentionally smoke or be in possession of burning tobacco in any public restaurant.
(2)
In conformity with this section, a person having ownership, possession or control of a public restaurant may, but is not required to, designate areas in which smoking is permitted. It shall be an affirmative defense to the application of the offense if the person is in possession of a lighted tobacco product or smokes tobacco exclusively within an area designated for smoking tobacco.
(3)
Nothing in this section shall be construed to require any person having ownership, possession or control of a public restaurant to establish an area to accommodate the preference of smokers. Any area that is designated pursuant to this section must be created and maintained in strict compliance with this section.
(4)
A food service establishment that has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons.
(5)
A nonsmoking area must:
(A)
Be separated from the smoking areas by a minimum of ten feet of contiguous floor space or a wall;
(B)
Be ventilated and situated so that air from the smoking area is not drawn into or across the nonsmoking areas, or the smoking area shall be separately ventilated;
(C)
Have ash trays or other suitable containers for extinguishing smoking;
(D)
In a public restaurant, be publicized with: (i) a sign conspicuously posted at each entrance stating "smoking permitted" and "no-smoking areas available," and (ii) a wall chart conspicuously posted and available for review near the main entrance clearly designating the smoking permitted and no smoking areas. Any sign that is required to be posted pursuant to this subsection (D) shall be printed in proportion and [with] proportionally spaced letters of a color clearly contrasting with the background upon which they are printed, which letters, except with respect to restaurant table cards, shall have a height of not less than one inch.
(6)
Each food establishment that has an enclosed dining area shall have signs, conspicuous to ordinary public view, at each public entrance to the establishment indicating that nonsmoking seating is available.
(7)
Non-dining areas of food establishments affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas and restrooms, shall be designated as nonsmoking areas.
(8)
Defenses:
(B)
The defense set forth in subsection (c)(8)(A) of this section shall apply if the food establishment has posted a sign or signs, conspicuous to ordinary public view, at each public entrance to the establishment, containing the words "This Establishment Does Not Provide For a Non-Smoking Section."
(9)
A person commits an offense if he smokes or possesses a burning tobacco, weed, or other plant product, or any lighted or burning pipe, cigar, cigarette of any kind, or smoking device, in an area of a food service establishment designated as nonsmoking.
(d)
Rules and regulations.
The director may promulgate rules and regulations consistent with this section with respect to inspection, hearing and appeal procedures. The director may also promulgate forms that must be utilized for the purpose of filing complaints and appeals hereunder.
(e)
Public education.
The director shall engage in a program to explain and clarify the purposes of this section to citizens affected by it, and to guide owners, operators and managers in their compliance with it.
(f)
Prohibitions under fire code.
Nothing in this section shall be construed to repeal or excuse compliance with smoking prohibitions imposed by the fire code. To the extent that any offense specified in this section also constitutes an offense under the fire code, the offense shall be punishable pursuant to the fire code.
(g)
Penalty.
Any person, firm, corporation, agent, or employee who violates any provision of this section shall, upon conviction, be fined an amount not more than $200.00; provided, however, that a defendant shall be fined an amount not more than $500.00 for a second conviction hereunder, and shall be fined an amount not more than $2,000.00 for a third conviction hereunder and for each conviction thereafter. Each day that a violation is committed or permitted to exist shall constitute a separate offense.
(h)
Owner reporting requirements.
This section does not require the owner, operator, employer, or manager or any employee of an establishment to report a violation or to take any action against any individual violating any provision of this section.
(i)
Conflicting provisions.
This section shall be cumulative of all provisions of ordinances and of the Code of Ordinances, as amended, except where the provisions of this section are in direct conflict with the provisions of such ordinances and such code, in which event conflicting provisions of such ordinances and such code are hereby repealed.
(Ordinance 8-5-01 adopted 8/28/2001; Ordinance O-13-02 adopted 12/10/2002; 1997 Code, sec. 93.20)