In this article:
Bar.An area which 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 such beverages. A
“bar” includes those facilities located within a hotel,
motel, or other similar transient occupancy establishment.
Business.Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed for profit-making or not-for-profit
purposes, including retail establishments where goods or services
are sold as well as professional corporations and other entities where
legal, medical, dental, engineering, architectural or other professional
services are delivered.
Electronic vaping device or e-cigarette.An electronic delivery device composed of a mouthpiece, heating
elements, battery or electronic circuits that produces or is capable
of producing a vapor of liquid nicotine or other liquid or solid for
inhalation by the user. The term includes such devices whether they
are manufactured as e-cigarettes, e-cigars, e-pipes or under any other
product name.
Enclosed area.An area that is covered by a roof or other overhead covering
of any material and has forty percent or more of its perimeter closed
in by walls or other coverings of any material, whether permanent
or temporary.
Place of employment.Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a “place of employment” unless
it is used as a childcare, adult daycare or health-care facility.
Possession.Actual care, custody, control, or management.
Private club.A premises holding a valid private club registration pursuant to chapter
32 of the Texas Alcoholic Beverage Code and operated as a private club by a private club registration permittee (as defined by the Texas Alcoholic Beverage Code).
Private place.Any area to which the public is not invited or in which the
general public is not permitted, including but not limited to private
residences, premises operated by a private not-for-profit social club
or organization to which the general public does not have access.
Public place.Any enclosed area to which the public is invited or in which
the public is permitted, including but not limited to, food establishments;
banks; educational facilities; health facilities; laundromats; public
transportation facilities; reception areas; production and marketing
establishments; retail service establishments; retail stores; theaters
and waiting rooms.
Retail electronic vaping store.A retail store utilized primarily for the sale of electronic
vaping devices, accessories, and/or electronic vaping liquid or any
other article or product that is for use in an electronic vaping device
and in which the sale of other products, other than tobacco, is merely
incidental.
Retail store.An establishment whose purpose is to offer for sale and sell
to consumer goods, wares, merchandise and food, which items are purchased
for use or consumption off-premises, including but not limited to,
supermarkets, convenience stores, drug stores, and warehouse stores.
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.
Smoking or smoke.Inhaling, exhaling, possessing or carrying any lighted or
burning cigar or cigarette, or any pipe or other device that contains
a lighted or unlit plant product (including tobacco), or inhaling
or exhaling from an electronic vaping device.
Sports arena.Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
places where members of the general public assemble either to engage
in physical exercise, participate in athletic competition, or witness
sports events.
Tobacco product.A cigarette; a cigar; an electronic vaping device; 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;
chewing tobacco, including plug, scrap, and any kind of tobacco suitable
for chewing, snuff or other preparations of pulverized tobacco; nicotine
product; dissolvable nicotine; electronic vaping liquid; or any other
article or product that is for use in an electronic vaping device.
(
Ordinance 5969, sec. 1, adopted 2/21/06;
Ordinance 6708, secs. 1–2, adopted 7/1/14;
Ordinance 6977, sec. 1, adopted 4/3/18)