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:
Administrative area.
The area of an establishment not generally accessible to the public, including, but not limited to, individual offices, stockrooms, employee lounges, or meeting rooms.
Director.
The director of the department designated by the city administrator to enforce and administer this article or the director’s designated representative.
Employee.
Any person who works for hire at a designated workplace including an independent contractor with an assigned workplace.
Employer.
Any person who employs 11 or more employees.
Food products establishment.
“Food service” as defined in section 14.02.223 or 14.02.224 of article 14.02 of the comprehensive zoning ordinance of the city, and shall include, without limitation, restaurants, bakeries, cafes, and mobile food units as defined therein.
Health services provider.
Any institution, business, workplace, or facility in or at which medical, surgical, or overnight facilities for patients are provided, including but not limited to emergency clinics, assisted living facilities, nursing homes, and medical offices.
Public service area.
Any area to which the general public routinely has access for municipal services of which is designated a public service area in a written policy prepared in compliance with this article.
Retail and service establishment.
Any establishment which sells goods or services to the general public.
Secondhand smoke.
Ambient smoke resulting from the act of smoking.
Smoke or smoking.
Includes, without limitation:
(1) 
Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking product or similar device;
(2) 
Lighting a pipe, cigar, or cigarette of any kind or any other smoking product or similar device;
(3) 
Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking product or similar device;
(4) 
Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted smoking product in any manner or form; and
(5) 
Use of an electronic cigarette.
Smoking establishment.
A retail and service establishment that is primarily engaged in the use or consumption of smoking products, such as cigar lounges, hookah lounges, cigar cafes, hookah cafes, cigar bars, hookah bars, tobacco bars, cigar clubs, hookah clubs, tobacco clubs, or similar establishments, and shall include any establishment that allows both:
(1) 
The on-site purchase of smoking products or the on-site rental or furnishing of accessories intended or adapted or provided for the use or consumption of smoking products; and
(2) 
The on-site smoking or consumption of smoking products.
Smoking product.
Tobacco, tobacco substitutes, any similar substances, or any type of material designed, adapted, or intended to be smoked, or that is actually smoked.
Workplace.
Any indoor area where an employee works for an employer, including an administrative area but excluding:
(1) 
A domestic residence;
(2) 
A factory or warehouse where smoking is regulated by another city ordinance or a state or federal law;
(3) 
An enclosed room with only one regular occupant; or
(4) 
An area open to the public and regulated by other sections of this article.
(Ordinance 2020-13 adopted 11/19/20)
(a) 
A person commits an offense if he smokes or possesses burning tobacco, weed or other plant product in any of the following indoor or enclosed areas:
(1) 
An elevator used by the public;
(2) 
A corridor providing direct access to a patient’s room or treatment room in a health services provider;
(3) 
Any conference room, meeting room, or public service area of any facility owned, operated, or managed by the city;
(4) 
Any retail or service establishment serving the general public, including, but not limited to, any department store, grocery store, or drugstore;
(5) 
An area marked with a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of a health services provider or retail or service establishment serving the general public; or
(6) 
Any facility of a public primary or secondary school or an enclosed theater, movie house, library, museum, or transit system vehicle.
(b) 
The owner or person in control of an establishment or area designated in subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The sign shall contain the words “No Smoking, City of Dalworthington Gardens Ordinance,” the universal symbol for no smoking, or other language that clearly prohibits smoking.
(c) 
Every health services provider shall:
(1) 
Allow all patients, prior to elective admission, to choose to be in a non-smoking patient room; and
(2) 
Require that employees or visitors obtain express approval from all patients in a patient room prior to smoking.
(d) 
The owner or person in control of an establishment or area described in subsection (a)(4) or (a)(6) of this section may designate an area including, but not limited to, lobbies, meeting rooms, or waiting rooms as a smoking area; provided that the designated smoking area may not include:
(1) 
The entire establishment;
(2) 
Cashier areas or over-the-counter sales areas; or
(3) 
The viewing area of any theater or movie house.
(e) 
It is a defense to prosecution under this section if the person was smoking in a location that was:
(1) 
A designated smoking area of a facility or establishment described in subsections (a)(4) or (a)(6) of this section which is posted as a smoking area with appropriate signs;
(2) 
An administrative area or office of an establishment described in subsections (a)(4) or (a)(6) of this section;
(3) 
A retail or service establishment serving the general public with less than 500 square feet of public showroom or service space or having only one employee on duty, unless posted as designated in subsection (a)(5) of this section;
(4) 
A smoking establishment; or
(5) 
A retail or service establishment which is a food products establishment regulated by section 6.06.004.
(Ordinance 2020-13 adopted 11/19/20)
(a) 
A food establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons.
(b) 
A nonsmoking area must:
(1) 
Be separated from smoking areas by a minimum of four feet of continuous floor space;
(2) 
Be ventilated and situated so that air from the smoking area is not drawn into or across the nonsmoking area;
(3) 
Be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; and
(4) 
Have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area.
(c) 
Each food products establishment which has a dining area shall:
(1) 
Have and implement a written policy on smoking which conforms to this article;
(2) 
Make the policy available for inspection by employees and the director or his authorized representatives; and
(3) 
Have signs at the establishment’s entrance indicating that nonsmoking seating is available.
(d) 
Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas shall be designated as nonsmoking areas. This subsection shall not apply to:
(1) 
A food products establishment that has indoor seating arrangements for less than 50 patrons; or
(2) 
A physically separated bar area of a food products establishment otherwise regulated.
(e) 
This section and article shall apply to a food establishment which was issued a certificate of occupancy after January 1, 2021. However, if a food establishment issued a certificate of occupancy before January 1, 2021 designates areas as nonsmoking under this section, it shall comply with the requirements of this article.
(Ordinance 2020-13 adopted 11/19/20)
The owner, operator, manager or employee of an establishment wherein smoking is prohibited, or any section or area thereof wherein smoking is prohibited, shall be required to orally inform persons violating this article of the provisions thereof. The duty to inform such violator shall arise when such owner, operator, manager or employee of an establishment becomes aware of such violation. If the violator continues to violate this article after being so informed, and continues smoking in a prohibited area, it shall then become the responsibility of the owner, operator, manager or employee to immediately notify the city police department and to file a complaint against the violator within ten days of the incident in city municipal court.
(Ordinance 2020-13 adopted 11/19/20)
An employer who owns, occupies, or controls a workplace shall:
(1) 
Have and implement a written policy on smoking that:
(A) 
Conforms to this article;
(B) 
Reasonably accommodates the interests of both smokers and nonsmokers, but minimizes the involuntary exposure of nonsmokers to secondhand smoke;
(C) 
Prohibits smoking in the workplace, except private enclosed offices and specifically designated smoking areas which shall use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to secondhand smoke; and
(D) 
Establishes a procedure for addressing employee complaints;
(2) 
Provides conspicuous signage indicating nonsmoking areas;
(3) 
Not discharge, retaliate or discriminate against any employee who:
(A) 
Files a complaint or causes any proceeding to be instituted under or related to this article;
(B) 
Testifies or will testify in any proceeding instituted under this article; or
(C) 
Exercises on his own behalf or the behalf of others any right afforded by this article; and
(4) 
Not be responsible for fines assessed against an employee for violation of section 6.06.009.
(Ordinance 2020-13 adopted 11/19/20)
Nothing in this article shall prohibit an employer or business owner from designating an entire workplace or other establishment, including a health services provider, as nonsmoking.
(Ordinance 2020-13 adopted 11/19/20)
(a) 
A person commits an offense if he smokes or possesses burning tobacco, weed or other plant product within fifty feet of a public entrance of any building.
(b) 
It is unlawful for any owner or operator of any building open to the public in the city to place or allow to be placed any of the following items in any building open to the public or within fifty feet from an entrance or exit to any building open to the public:
(1) 
Ashtrays;
(2) 
Smoking paraphernalia; or
(3) 
Signs indicating smoking or use of an electronic smoking device is permitted.
(Ordinance 2022-25 adopted 9/15/2022)