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:
Bar
means an establishment that 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 those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.
Business
means 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 smoking device
means 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 "electronic smoking device" 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
means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his services for a non-profit entity.
Employer
means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
Enclosed area
means 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
means 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. The term "health care facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Place of employment
means 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, and temporary offices. 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
means 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
means 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 USC 501.
Public place
means an area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, educational facilities, gambling facilities, health care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities, 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.
Restaurant
means 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" includes a bar area within the restaurant.
Service line
means an indoor or outdoor line in which one 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
means an enclosed or unenclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking
means 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. The term "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
means 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 17-627-13, § 2(I), adopted 3/2/2017)
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 17-627-13, § 2(II), adopted 3/2/2017)
(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) 
The prohibition on smoking set forth in subsection (b) of this section shall be communicated to all existing employees by the effective date of the ordinance from which this article is derived and to all prospective employees upon their application for employment.
(Ordinance 17-627-13, § 2(III), adopted 3/2/2017)
Smoking shall be prohibited in all public places within the city, including but not limited to, the following places:
(1) 
Aquariums, galleries, libraries, and museums.
(2) 
Areas available to the general public in businesses and non-profit entities patronized by the public, including, but not limited to, banks, laundromats, professional offices, and retail service establishments.
(3) 
Bars.
(4) 
Bingo facilities.
(5) 
Child care and adult day care facilities.
(6) 
Convention facilities.
(7) 
Educational facilities, both public and private.
(8) 
Elevators.
(9) 
Gambling facilities.
(10) 
Health care facilities.
(11) 
Hotels and motels.
(12) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(13) 
Parking structures.
(14) 
Polling places.
(15) 
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.
(16) 
Restaurants.
(17) 
Restrooms, lobbies, reception areas, hallways, and other common use areas.
(18) 
Retail stores.
(19) 
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.
(20) 
Service lines.
(21) 
Shopping malls.
(22) 
Sports arenas, including enclosed places in outdoor arenas.
(23) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(Ordinance 17-627-13, § 2(IV), adopted 3/2/2017)
Smoking shall be prohibited in all private clubs.
(Ordinance 17-627-13, § 2(V), adopted 3/2/2017)
Smoking shall be prohibited in the following enclosed residential facilities:
(1) 
All private and semi-private rooms in nursing homes.
(2) 
All hotel and motel guest rooms.
(Ordinance 17-627-13, § 2(VI), adopted 3/2/2017)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within 25 feet outside the primary entrance, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
(2) 
In, and within 25 feet of, all outdoor playgrounds.
(Ordinance 17-627-13, § 2(VII), adopted 3/2/2017)
Notwithstanding any other provision of this article to the contrary, smoking shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility.
(Ordinance 17-627-13, § 2(VIII), adopted 3/2/2017)
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 18-80(1) is posted.
(Ordinance 17-627-13, § 2(IX), adopted 3/2/2017)
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 mayor 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, except for ashtrays displayed for sale and not for use on the premises.
(Ordinance 17-627-13, § 2(X), adopted 3/2/2017)
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 17-627-13, § 2(XI), adopted 3/2/2017)
(a) 
This article shall be enforced by the Brookshire police department and/or an authorized designee.
(b) 
Notice of the provisions of this article shall be given to all applicants for a business license in the city.
(c) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the chief of police.
(d) 
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.
(e) 
Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.
(f) 
In addition to the remedies provided by the provisions of this section, the mayor 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 17-627-13, § 2(XII), adopted 3/2/2017)
(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 exceeding $50.00.
(b) 
Except as otherwise provided in subsection (c) of this section, 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:
(1) 
A fine not exceeding $100.00 for a first violation.
(2) 
A fine not exceeding $200.00 for a second violation within one year.
(3) 
A fine not exceeding $500.00 for each additional violation within one year.
(c) 
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. Violation of this subsection shall be a misdemeanor, punishable by a fine not to exceed $1,000.00 for each violation.
(d) 
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 of any permit or license issued to the person for the premises on which the violation occurred.
(e) 
Violation of this article is hereby declared to be a public nuisance, which may be abated by any means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
(f) 
Each day on which a violation of this article occurs shall be considered a separate and distinct violation.
(Ordinance 17-627-13, § 2(XIII), adopted 3/2/2017)
The city shall engage in a continuing program to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this article.
(Ordinance 17-627-13, § 2(XIV), adopted 3/2/2017)
The mayor shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this article. This includes urging all federal, state, county, and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
(Ordinance 17-627-13, § 2(XV), adopted 3/2/2017)
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 17-627-13, § 2(XVI), adopted 3/2/2017)