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:
Employee
means any person who is employed by an employer in consideration for monetary compensation or profit.
Employer
means any person, partnership, corporation, association or other entity that employs one or more persons.
Place of employment
means any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including but not limited to work areas, employee lounges, employee public restrooms, conference rooms and employee cafeterias. A private residence is not a place of employment.
Public place
means any enclosed indoor area that is used by the general public, or that is a place of employment, and includes but is not limited to stores, offices and other commercial establishments; restaurants; public and private institutions of higher education; health care facilities; nursing and convalescent homes; and government subsidized senior citizen residential facilities; and public restrooms.
Service line
means 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.
Smoke or smoking
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 the smoke of a pipe, cigar or cigarette of any kind.
(Ordinance 941, pt. 1(a), 3-23-93)
Nothing in this article excuses noncompliance with any state or federal law, city ordinances or any rule or regulation adopted pursuant thereto, which prohibits smoking.
(Ordinance 941, pt. 2, 3-23-93)
The violation of any provision of this article shall be unlawful and a misdemeanor offense.
(Ordinance 941, pt. 1(j), 3-23-93)
Violation of any provision of this article shall be deemed a misdemeanor punishable by a fine as provided in section 1-7(b).
(Ordinance 941, pt. 4, 3-23-93)
A person commits an offense if he:
(1) 
Knowingly or intentionally smokes in a public place and is not in an area designated as a smoking area under this article.
(2) 
Knowingly or intentionally smokes in a taxicab that is not a taxicab in which smoking is permitted.
(3) 
Is the owner, lessee or other person in charge of a public place, and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described in subsection (1) of this section within such public place.
(Ordinance 941, pt. 1(b), 3-23-93)
(a) 
The owner, lessee or other person in charge of a public place may, but is not required to designate one or more areas as smoking areas.
(b) 
A public place engaged in the sale of produce, meat and other food subject to contamination shall be a nonsmoking facility. Employee or public smoking areas may be provided subject to subsection (c) of this section only if separate from areas where such food is displayed, stored or sold.
(c) 
If a smoking area is designated in a public place, each smoking area shall:
(1) 
Be not larger in size than proportionate to the preference of the users normally requesting a smoking area, as can be demonstrated by the owner, lessee or other person in charge.
(2) 
Be situated so the ventilation minimizes the effect of smoke in adjacent nonsmoking areas, and so that air from the smoking area is not drawn into or across a nonsmoking area.
(3) 
Be designated by appropriate signs which are clearly visible to patrons in or entering the area.
(4) 
Contain ashtrays, containers or other facilities for the extinguishment of smoking materials.
(5) 
Be set apart or separated from nonsmoking areas.
(6) 
Not include service line or cashier areas.
(d) 
If the owner, lessee or person in charge of a public place can demonstrate that the users or patrons normally requesting a smoking area constitute such a large portion of the users of the public place that it is impracticable for the owner, lessee or person in charge to meet the requirements of subsections (c)(2) and (c)(5) of this section without structural or other physical changes or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of subsection (c)(1) of this section (including the entire public place), except for those areas designated in subsection (c)(6) of this section as a smoking area. If the entire area is designated a smoking area, the owner, lessee or person in charge shall place a sign at each entrance to the premises which is clearly visible and states that smoking is permitted throughout the premises.
(Ordinance 941, pt. 1(c), 3-23-93)
Except as provided by section 54-61, the owner, lessee or other person in charge of a public place shall place a sign, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited.
(Ordinance 941, pt. 1(d), 3-23-93)
(a) 
The holder of any franchise to operate a taxicab service within the city may, but is not required to, designate one or more of the taxicabs operated pursuant to the franchise as taxicabs in which smoking is permitted.
(b) 
Each taxicab shall be designated by notices clearly visible to persons entering or in the taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not permitted.
(Ordinance 941, pt. 1(e), 3-23-93)
Each employer who operates a place of employment in the city shall adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements:
(1) 
Any nonsmoking employee may object to his employer about smoke in any portion of his place of employment normally frequented by the employee. Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees. An employer is not required by this provision to incur any expense or make structural or other physical modifications to accommodate the preferences of nonsmoking or smoking employees.
(2) 
If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of nonsmoking employees shall prevail, to the end that nonsmoking employees may work in a smokefree environment. No such portion of the place of employment shall be designated as a smoking area. However, the requirements of this subsection shall not apply to nonsmoking employees whose job duties include serving of or routine interaction with members of the general public within designated smoking areas, nor to any private, enclosed office workshop occupied exclusively by smokers, even though such office may be visited by nonsmokers.
(3) 
The smoking policy shall be announced within three weeks of adoption to all employees working in the place of employment and posted conspicuously in all workplaces under the employer's jurisdiction.
(Ordinance 941, pt. 1(f), 3-23-93)
It is an exception to the application of section 54-60(1) that the person smoking tobacco or in possession of the burning tobacco product is in a situation in which the person is present at an event in which an entire room or confined area is used for a private social function and the event is under the control of the sponsor of the function and not of the owner, proprietor or person in charge of the public place. This exception includes, but is not limited to, areas of public places, such as hotels, which are normally rented out to private groups, and to areas of bowling centers used by bowling leagues during league play.
(Ordinance 941, pt. 1(g), 3-23-93)
The following public places are not subject to sections 54-60(3) and 54-61(c), but such public places are encouraged, whenever possible, to follow the guidelines established in section 54-61(c):
(1) 
An establishment in which more than 50 percent of its annual gross sales is from alcoholic beverages sold for on-premises consumption.
(2) 
A separated bar area of a restaurant.
(3) 
A tobacco specialty retail shop.
(Ordinance 941, pt. 1(h), 3-23-93)
The owner, lessee or other person in charge of any conveyance or place described in V.T.C.A., Penal Code § 48.01(a), as amended, commits an offense if he fails to have:
(1) 
Prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance and/or place; or
(2) 
Such conveyance or place equipped with facilities for extinguishment of smoking materials.
(Ordinance 941, pt. 1(i), 3-23-93)
As used in this division, the following words and phrases shall have the meaning ascribed thereto:
(1) 
Permit holder means any retailer that has a permit, issued by the Texas Comptroller's office to sell tobacco.
(2) 
Tobacco product means any product that contains tobacco, including but not limited to cigarettes, cigars and smokeless tobacco products, such as chewing or dipping "spit" tobacco.
(3) 
Vending machine means any mechanical device used to dispense tobacco products to the public.
(4) 
Employer has the same meaning as permit holder.
(5) 
Employee means anyone that is required as a duty of employment to sell tobacco products to the public.
(6) 
Billboards include all billboards, as well as signs, placards, and advertising in arenas and stadiums, whether open-aired or enclosed. Billboards include transit advertisements on private or public vehicles and all advertisements placed at, on or within any bus stop, taxi stand, transit waiting area, train station, or any similar location. Billboards do not include any advertisements placed on or outside the premises of retail establishments licensed to sell tobacco products or any retail point-of-sale if these locations are not within 1,000 feet of a school, playground, or church.
(Ordinance 1078, § 1, 2-24-98)
(a) 
Sale or provision of tobacco products to anyone under the age of 18 is prohibited. A person commits an offense if the person:
(1) 
Sells, gives or causes to be sold or given a tobacco product to someone who is younger than 18 years of age.
(2) 
Sells, gives or causes to be sold or given a tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.
(b) 
An offense under paragraph (a) of this section is punishable by a fine set forth in section 1-7 of the Code of Ordinances.
(c) 
An offense for permit holders or owners of retail establishments is punishable by the following:
(1) 
On the first offense in a one year period, the permit holder may be required to pay a fine not to exceed $500.00;
(2) 
On the second offense in a one year period, the permit holder may be required to pay a fine not to exceed $ $750.00;
(3) 
On third offense in a one year period, the permit holder may be required to pay a fine not to exceed $1,000.00 and the comptroller's office may be requested to suspend the permit for not more than three days;
(4) 
On four or more offenses in a one year period, the comptroller's office may be requested to revoke the permit for six months after which the permit holder may apply again for a permit.
(d) 
It is a defense to prosecution under this part that the person to whom the tobacco product was sold or given presented to the defendant apparently valid proof of identification.
(Ordinance 1078, § 1, 2-24-98)
(a) 
It shall be unlawful for a person to sell, give, or cause to be sold, or given a tobacco product to someone who is younger than 27 years of age unless the person to whom the tobacco product was sold or given presents an apparently valid proof of identification.
(b) 
A proof of identification satisfies the requirements of paragraph (a) of this section if it contains a physical description and photograph consistent with the person's appearance, purports to establish that the person is 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.
(c) 
The penalty for failure to verify the age of young tobacco purchasers shall be identical to those listed under paragraph (a) of this section.
(Ordinance 1078, § 1, 2-24-98)
The warning notice regarding tobacco sales to minors that is required and provided by the state comptroller's office shall be posted at all retail locations that sell tobacco.
(Ordinance 1078, § 1, 2-24-98)
(a) 
Each tobacco permit holder is required to inform employees that:
(1) 
State law prohibits the sale or distribution of cigarettes to persons younger than 18 years of age and that violation is a Class C Misdemeanor;
(2) 
State law requires that the sign provided by the state be displayed and that a violation is a Class C Misdemeanor.
(b) 
Permit holders must inform employees of the content of paragraph (a) of this section on the date the employee begins selling tobacco products.
(c) 
Permit holders must have employees sign a form stating that the law in paragraph (a) of this section has been fully explained, that the employee understands the law and that the employee agrees to comply with the law.
(d) 
Each form signed by an employee must indicate the date of the signature and the current address and social security number of the employee. The permit holder shall retain the forms signed by each employee until the 60th day after the date the employee is no longer employed by the employer.
(e) 
A permit holder commits an offense if the permit holder, on demand of a peace officer, a health department official, or an agent of the Texas State Comptroller, fails to provide the form referenced in paragraphs (c) and (d) of this section.
(Ordinance 1078, § 1, 2-24-98)
(a) 
Except as provided by paragraph (b) of this section, a retailer or other person may not:
(1) 
Offer tobacco products for sale in a manner that permits a customer direct access to the tobacco products; or
(2) 
Install or maintain a vending machine containing tobacco products.
(b) 
Paragraph (a) of this section does not apply to a facility or business that is not open to persons younger than 18 years of age.
(c) 
A city police officer, health department official or an agent of the state comptroller may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this part. Property seized under this section must be seized in accordance with, and is subject to forfeiture to the state in accordance with subchapter H, chapter 154, Tax Code, and subchapter E, chapter 155, Tax Code; an agent of the state.
(Ordinance 1078, § 1, 2-24-98)
(a) 
A person may not distribute:
(1) 
A free sample of a tobacco product; or
(2) 
A coupon or other item that the recipient may use to receive a free or discounted tobacco product or a sample tobacco product.
a. 
A permit holder may not accept or redeem, offer to accept or redeem, or hire a person to accept or redeem a coupon or other item that the recipient may use to receive a free or discounted tobacco product or a sample tobacco product.
b. 
A person commits an offense if the person violates this part.
(Ordinance 1078, § 1, 2-24-98)
(a) 
Random unannounced inspections by the city police department and/or health department may be conducted at various locations where tobacco products are sold or distributed to ensure compliance with this division.
(b) 
The city department conducting inspections may recruit persons younger than 18 years of age to test compliance.
(c) 
The police department may apply to the state comptroller's office for the funding of enforcement of this division.
(d) 
The police department shall notify the comptroller's office on the 19th day of each month, or the first working day after that date, of any violation occurring in the preceding month that is detected, investigated, or prosecuted.
(Ordinance 1078, § 1, 2-24-98)
(a) 
An individual who is younger than 18 years of age commits an offense if the individual:
(1) 
Possesses, purchases, consumes, or accepts a tobacco product; or
(2) 
Falsely represents himself or herself to be 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 a tobacco product.
(b) 
It is an exception to the application of paragraph (a) of this section if the person younger than 18 years of age is participating in an inspection or test of compliance in accordance with section 54-83, paragraph (b).
(c) 
An offense under paragraph (a) of this section is punishable by a fine not to exceed $250.00.
(d) 
On conviction of an individual for an offense under paragraph (a) of this section, the court shall suspend execution of the fine and shall require the defendant to attend a tobacco awareness program approved by the Texas Department of Health. The court may require the parent or guardian of the defendant to attend the tobacco awareness program with the defendant.
(e) 
If a tobacco awareness program is not available, the court shall require the defendant to perform eight to 12 hours of tobacco-related community service instead of attending the tobacco awareness program.
(f) 
The tobacco awareness program and the tobacco-related community service is remedial and is not punishment.
(g) 
Not later than the 90th day after the date of a conviction under this section, the defendant shall present to the court, in the manner required by the court, evidence of satisfactory completion of the tobacco awareness program or the tobacco-related community service.
(h) 
On receipt of the evidence under paragraph (g) of this section, the court shall:
(1) 
If the defendant has been previously convicted of an offense under this section, execute the sentence and, at the discretion of the court, reduce the fine imposed to not less than half the fine previously imposed by the court; or
(2) 
If the defendant has not been previously convicted of an offense under this section, discharge the defendant and dismiss the complaint.
(i) 
If the defendant does not provide the evidence required under paragraph (g) of this section, within the period specified by that paragraph, the court shall order the department of public safety to suspend or deny issuance of any driver's license or permit to the defendant. The order must specify the period of the suspension or denial, which may not exceed 180 days after the date of the order.
(Ordinance 1078, § 1, 2-24-98)
Pursuant to the January 1998 agreement with the Texas Attorney General and tobacco industry and, in compliance with the FDA regulations and Senate Bill 55, all billboards advertising tobacco products are prohibited except advertisements placed on or outside the premises of retail establishments licensed to sell tobacco that are not within 1,000 feet of a church, school, or playground. If the sign is not removed within one week, an offense under this section is punishable by a fine of not more than $500.00 per day for each day the sign is not removed following one week after the citation.
(Ordinance 1078, § 1, 2-24-98)