This article shall hereafter be known and cited as the “smokefree air ordinance of 2015.”
(Ordinance 2032-15 adopted 9/1/15)
For purposes of this article, the following words and phrases have the meanings ascribed to them in this article:
Bar.
An establishment which has more than fifty-one (51) percent of its annual gross sales from alcoholic beverages and which is devoted to the serving of alcoholic beverages pursuant to the Texas Alcoholic Beverage Code for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Food establishments that contain a bar are not considered a “bar.”
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.
Electronic or Digital Smoking Device.
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, 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 or more individual persons.
Enclosed Area.
All space between a floor and a ceiling that is bounded on at least two 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 and whether or not containing openings of any kind.
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.
Place of Employment.
An 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, construction sites, temporary offices, 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 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 Event.
An event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
Public Place.
An area to which the public is invited or in which the public is permitted, including but not limited to, bars, educational facilities, financial institutions, gaming facilities, health-care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities to include all ticketing, boarding, and waiting area, 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.
Recreational Area.
Any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.
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 Electronic Smoking Device Store.
A store used primarily for the sale of electronic or digital cigarettes or substances used in those or similar devices to produce inhalable vapors and in which the sale of other products is incidental and where 80% of quarterly sales are from the sale of these devices and/or substances.
Retail Tobacco Store or Tobacco Store.
A retail store where 75% of quarterly sales are from tobacco products and accessories, to include electronic or digital cigarettes, 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 or unenclosed 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, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or 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 2032-15 adopted 9/1/15)
All enclosed areas, including buildings and vehicles owned, leased, or operated by the city, as well as all outdoor property adjacent to such buildings and under the control of the city, shall be subject to the provisions of this article.
(Ordinance 2032-15 adopted 9/1/15)
Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following places:
(1) 
Galleries, libraries, and museums;
(2) 
Areas available to the general public in businesses and nonprofit entities patronized by the public, including but not limited to, financial institutions, laundromats, professional offices, and retail service establishments;
(3) 
Child-care and adult day-care facilities;
(4) 
Convention facilities and meeting areas;
(5) 
Educational facilities, both public and private;
(6) 
Elevators and escalators;
(7) 
Gaming facilities, including but not limited to bowling and billiard facilities;
(8) 
Health-care facilities;
(9) 
Hotels and motels;
(10) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, nursing homes, assisted living and independent living facilities, and other multiple-unit residential facilities;
(11) 
Parking structures;
(12) 
Polling places;
(13) 
Private and semi-private rooms in nursing homes;
(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;
(15) 
Restaurants and bars;
(16) 
Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(17) 
Retail stores, except as provided in Section 6.709(4);
(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;
(19) 
Service lines;
(20) 
Shopping malls;
(21) 
Sports arenas, including enclosed places in outdoor arenas; and
(22) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(Ordinance 2032-15 adopted 9/1/15)
(a) 
Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, 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 2032-15 adopted 9/1/15)
Smoking shall be prohibited in all private clubs.
(Ordinance 2032-15 adopted 9/1/15)
Smoking shall be prohibited in the following enclosed residential facilities:
(1) 
All private and semi-private rooms in nursing homes; and
(2) 
All hotel and motel guest rooms.
(Ordinance 2032-15 adopted 9/1/15)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within a reasonable distance of 50 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas;
(2) 
On all outdoor property that is adjacent to buildings owned, leased, or operated by the city, and that is under the control of the city;
(3) 
In, and within 50 feet of, outdoor seating or serving areas of restaurants and bars;
(4) 
In outdoor shopping malls, including parking structures;
(5) 
In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within 50 feet of, bleachers and grandstands for use by spectators at sporting and other public events.
(6) 
In outdoor recreational areas, including parking lots;
(7) 
In, and within 50 feet of, all outdoor playgrounds;
(8) 
In, and within 50 feet of, all outdoor public events;
(9) 
In, and within 50 feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the city;
(10) 
In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within 50 feet of the point of service; and
(11) 
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 percent (25%) of the total outdoor common area, which must be located at least 50 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(Ordinance 2032-15 adopted 9/1/15)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from provisions of this article:
(1) 
Private residences, unless used as a child-care, adult day-care, or health-care facility;
(2) 
Private automobiles;
(3) 
Cigar lounge, as defined in the comprehensive zoning ordinance; and
(4) 
Retail tobacco stores and retail electronic smoking device stores for sampling of the products sold in such stores, so long as such smoking does not cause smoke or “aerosol/vapor” to cross into other areas where smoking is not allowed.
(Ordinance 2032-15 adopted 9/1/15)
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 6.711 is posted.
(Ordinance 2032-15 adopted 9/1/15)
The owner, operator, manager, or other person in control of a place of employment, public place, private club, or residential facility 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 or, in the case of outdoor places, clearly and conspicuously post “no smoking” signs in appropriate locations as determined by the city health inspector or an authorized designee;
(3) 
Clearly and conspicuously post on every vehicle that constitutes a place of employment under this article at least one 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 2032-15 adopted 9/1/15)
(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 6.716, violation of this subsection shall be a misdemeanor, punishable by a fine not to exceed $2,000.00 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 2032-15 adopted 9/1/15)
Cigarettes and/or Liquid Nicotine by Minors Prohibited
(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 2032-15 adopted 9/1/15)
(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 or 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 or given presented to the defendant apparently valid proof of identification.
(d) 
A proof of identification satisfies the requirements of subsection 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 2032-15 adopted 9/1/15)
(a) 
This article shall be enforced by the city health inspector or an authorized designee.
(b) 
Notice of the provisions of this article shall be given to all applicants for a certificate of occupancy in the city.
(c) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the city health inspector or an authorized designee.
(d) 
The health 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 area regulated by this article shall direct a person who is smoking in violation of this article to extinguish or turn off 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 city health inspector or authorized designee 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 2032-15 adopted 9/1/15)
(a) 
A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction, punishable by a fine not to exceed $2,000.00 for each violation.
(b) 
Except as otherwise provided in Section 6.705, 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 a fine not to exceed $2,000.00 for each violation.
(c) 
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 by the city health inspector, or an authorized designee, of any permit or license issued to the person for the premises on which the violation occurred.
(d) 
Violation of this article is hereby declared to be a public nuisance, which may be abated by the city health inspector or authorized designee by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
(e) 
Each day on which a violation of this article occurs shall be considered a separate and distinct violation.
(Ordinance 2032-15 adopted 9/1/15)