The purpose of this chapter is to:
(1) 
Improve and protect the public's health by eliminating smoking in certain places, including workplaces; and
(2) 
Guarantee the right of nonsmokers to breathe smoke-free air; and
(3) 
Recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
(Ordinance 2023-10706, § 2, adopted 2/23/2023)
For the purposes of this chapter, the following terms have the respective meanings ascribed to them in this section, except in those instances where the context indicates a different meaning:
(1) 
Employee
means any person who works for hire, including an independent contractor and any person who is working as a volunteer for a nonprofit entity.
(2) 
Employer
means any person (partnership, corporation, association or other entity) employing one (1) or more employees.
(3) 
Enclosed area
means all space between a floor and a ceiling that is bounded on at least two (2) 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.
(4) 
Food products establishment
means an operation that:
a. 
Sells food and/or beverages, including alcoholic beverages.
b. 
Serves food to an ultimate consumer; or
c. 
Manufactures, processes, distributes, stores, prepares or transports food that is to be sold; and includes the facility from which the establishment operates and the person that owns, controls or manages the operation.
d. 
A restaurant is a food products establishment. A 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" shall include a bar area within the restaurant.
(5) 
Patio
means an unenclosed seating area outside the smoke-free entrance zone, connected with, and contiguous to a facility that is open to the public or is a workplace, and either of which is separated from the interior of the building by solid walls, or fixed glazing or self-closing doors.
(6) 
Person
means an individual, firm, partnership, association, or other legal entity.
(7) 
Private residence
means the part of a structure used as a dwelling, including, without limitation: a private home (including yards), townhouse, condominium, apartment, mobile home, or vacation home. Common areas of townhouse, condominium, or apartment communities are not considered part of the dwelling for the purposes of this chapter.
(8) 
Public place or public area
means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.
(9) 
Smoke-free entrance zone
means that area within twenty-five (25) feet from the primary door or entrance, of any building where smoking is prohibited or on a patio within fifteen (15) feet from any indoor entrance of any building where smoking is prohibited.
(10) 
Smoking
means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking 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.
(11) 
Tobacco product
means (1) any product containing, made of, or derived from tobacco or nicotine whether natural or synthetic that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine whether natural or synthetic.
(12) 
Tobacco-related business
means a retail store utilized primarily for the sale of tobacco products, smoking implements, or smoking accessories for on-premises consumption and in which the sale of other products is merely incidental, which shall include but not be limited to hookah lounges, cigar bars and humidors. In this definition, "primarily" means that the sale of tobacco products, smoking implements, or smoking accessories shall be at least fifty-one (51) percent of the total sales revenues. "Tobacco-related business" expressly does not include a food products establishment or an establishment where alcohol is consumed on the premises.
(13) 
Unenclosed area
means an area in an exterior environment that is not enclosed within the conditioned interior space of a building.
(14) 
Workplace
means any enclosed area under the control of any public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways.
(Ordinance 2023-10706, § 2, adopted 2/23/2023)
Except where specifically exempted below, smoking shall be prohibited and unlawful in all enclosed public places and workplaces, and the outdoor areas of any building or grounds owned, operated or managed by the city within the City of Irving. Smoking is permitted in:
(1) 
Private residences, except when used for a lawful business purpose which requires non-residents to visit or work at the residence;
(2) 
A tobacco-related business;
(3) 
A patio, as defined in this article;
(4) 
Outdoor areas of golf courses.
(Ordinance 2023-10706, § 2, adopted 2/23/2023)
Tobacco-related businesses shall post and maintain a sign at each entrance to the facility at least eight (8) inches by ten (10) inches with letters at least two (2) inches high with one-half-inch strokes in a color contrasting with the background that states "This Is Not A Smoke Free Environment."
(Ordinance 2023-10706, § 2, adopted 2/23/2023)
(a) 
An owner, operator or other person in control of buildings or areas not authorized for smoking in section 48-3 shall:
(1) 
Prohibit smoking in nonsmoking areas.
(2) 
Provide adequate receptacles for proper disposal of combustible material at least twenty-five (25) feet from entrances and exits.
(3) 
Place signs stating "NO SMOKING" at all building entrances open to the public.
(b) 
It is a defense to prosecution under this section that an owner, operator, or other person in control of any of the areas in section 48-3 has made a good faith effort to prevent smoking in nonsmoking areas. A good faith effort shall include telling the smoker to move from the nonsmoking area or to stop smoking and posting a sign in a conspicuous place in each nonsmoking area that contains the words, "No Smoking City of Irving Ordinance No. ____."
(Ordinance 2023-10706, § 2, adopted 2/23/2023)
Nothing in this article shall be construed to allow smoking in any area where it is prohibited by state or federal law at this time or by any future statutory provisions.
(Ordinance 2023-10706, § 2, adopted 2/23/2023)