The following words and phrases, whenever used in this article, shall be construed as defined in this section, except where the context clearly indicates a different meaning:
means any enclosed indoor area, under the control of an employer, to which employees, but not the general public, except by specific invitation, have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms and employee cafeterias.
means an electrically powered hospital-grade HEPA media filter that will clean all of the air in a designated smoking area every 15 minutes as follows: not less than 95 percent of 0.3 micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than 95 percent removal of gases, vapors, volatile organic compounds (VOC) and odors and contains an air barrier system or other barrier system, if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. The term “portable air purification system” means a portable hospital-grade unit meeting the same standards.
means an establishment or area which is devoted to the serving of alcoholic beverages, that derives 75 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined by the Texas Alcoholic Beverage Code, and in which the service of food is only incidental to the consumption of such beverages.
means a place of amusement whose chief purpose is providing the use of billiard/pool tables to the public. The term “billiards” means any game played on a cloth-covered table with balls and cue sticks where the balls are struck by the sticks and the balls strike against one another. (Also known as a pool hall.)
means a facility defined and regulated under Texas Occupations Code chapter 2001, the Bingo Enabling Act.
means partial or complete combustion of tobacco or other product for purposes of inhalation, ingestion or absorption.
means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making or nonprofit purposes, including but not limited to banks, laundromats, hotels, motels, retail establishments, professional corporations, and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
means any place where food is prepared or served for on-premises consumption and which is accessible by the public or a substantial group of the public. The term “eating establishment” includes but is not limited to restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles and catering establishments.
means any person who works for hire and compensation at an indoor or enclosed area with an assigned indoor location as a workplace by an employer.
means any person, partnership, corporation, municipal corporation, nonprofit entity, or other entity that employs the services of one or more persons.
means an area closed in by a roof, or other covering, whether permanent or temporary, and has 40 percent or more of its perimeter closed in by walls or other coverings, whether permanent or temporary, with appropriate openings for ingress and egress.
means any institution that provides public health services, including medical, surgical, and overnight facilities for patients, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices, dentists’ offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes.
means changing the amount of floor space in a building by one-third.
means any person less than 18 years of age.
means the total floor area of the interior of an eating establishment, excluding the kitchen, restrooms, storage areas and offices.
means any individual, partnership, cooperative, association, corporation or venture.
means a barrier that will form an effective membrane continuous from outside wall to outside wall, from a smoke barrier to a smoke barrier, from floor to floor or roof above, or a combination thereof, including continuity through all concealed spaces, such as above suspended ceilings and interstitial structural and mechanical spaces. Transfer grilles, louvers and similar openings shall not be used in these partitions. Self-closing, tightfitting doors are permitted in such barriers.
The term “private club” means any building, premises or portion thereof which is permitted by the state and allowed by special use permit by the city as a private club for the storing, possession, and dispensing for on-premises consumption of alcoholic beverages.
The term “private club” does not include premises operated by a person that are not available to and not customarily used by the general public and entry and privileges thereto are established by regulations that a person has established distinct from a state alcohol and beverage private club membership.
means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions where attendance is by invitation only.
means any deliberation between a quorum of members of any board, commission, department, committee or agency within the executive or legislative department of the state, or the city council or any board or commission of the city at which any public business or public policy is discussed or considered or at which any formal action is taken.
The term “public place” means any enclosed area in which the public has general access, is invited or permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms.
The term “public place” does not include a private residence, nor is a facility while it is being used for a private function, such as a reception, party, etc. Private clubs are not considered a public place.
The term “restaurant” means any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled. The term includes any such place regardless of the duration of the permit or whether there is a charge for the food. The term “restaurant” includes, but is not limited to, a coffee shop, cafeteria, sandwich shop, private or public school cafeteria, and any other eating establishment that gives or offers food to the public, guests, or employees, including catering facilities.
The term “restaurant” does not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in this section. The term “restaurant” does not include private homes where food is prepared or served for guests and individual family consumption.
means any establishment which sells goods or services to the general public, including but not limited to any eating establishment, bar, hotel, motel, department store, grocery store, drugstore, shopping mall, laundromat, bingo parlor, bowling center, amusement center, billiard hall, beauty shop or barbershop and any use designated as a retail or service establishment in the city’s zoning ordinance, as it exists and as it may be amended.
means a retail or service establishment whose primary business is the sale of tobacco, tobacco products or smoking implements or other combustible products and accessories. Primary business refers to an establishment that derives 90 percent or more of its gross revenues on a quarterly (three-month) basis from the sale of enumerated products.
means ambient smoke resulting from the act of smoking.
means to offer for sale, convey, exchange, barter or trade.
means any indoor line or area where persons wait for goods or service of any kind, regardless of whether or not an exchange of money will occur. Such service includes, but is not limited to, sales, giving of information, directions, advice, and the transfer of money or goods.
means inhaling, exhaling, possessing or carrying any lighted or burning cigar, cigarette, pipe, hookah or other water pipe, drug-related paraphernalia, or any other device that contains lighted or burning tobacco or tobacco product, weed, plant or other combustible substance, whose smoke is intended to be inhaled.
means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, 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.
means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, flavored tobacco, sweetened tobacco, snuff or any other form of tobacco, weed, plant, other product or combustible substance which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.
means a retail establishment whose annual gross revenues from the sale of tobacco and other combustible products and smoking accessories are at least 50 percent.
means any mechanical, electric or electronic self-serving device which, upon insertion of money, tokens, or any other form of payments, dispenses tobacco products.
means a valid driver’s license or an identification card issued by the department of public safety and contains a physical description and a photograph consistent with the person’s appearance. The proof of identification may include a driver’s license issued by the state or another state, a passport, or an identification card issued by a state or the federal government.
means an HVAC system designed by a licensed professional engineer to meet the requirements of this article and all other requirements of the city’s building code. A ventilation system must:
Provide an air change every 15 minutes;
Provide exhaust air to the exterior of the building and the air from the smoking area cannot be drawn across the nonsmoking area; and
Have an air barrier system, if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area.
means any indoor or 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. A workplace is any location in an indoor or enclosed area where an employee works or performs services for an employer.
(1976 Code, sec. 20-80; 1998 Code, sec. 86-121; Ordinance 2009006, sec. 2 (86-121), adopted 4/21/09; 2013 Code, sec. 36-118)