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0725ORDINANCE NO. 725 AN ORDINANCE PROMOTING THE PUBLIC HEALTH BY ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS, ENTERTAINMENT ESTABLISHMENTS, AND WORKPLACES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NO. 537; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Southtake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code: and WHEREAS, there is a substantial body of evidence which concludes that the smoking of tobacco may be a danger to health and a health hazard to those who are present in confined spaces: and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Definitions: The words, terms, and phrases used in this ordinance shall have their commonly understood meanings except to the extent that they are specifically defined otherwise in this ordinance. The following words and terms, when used in this ordinance, shall be understood to mean: Ordinance No. 725 Page 2 of 11 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.t0 1.11 "Billiard Hall" - means a place of amusement whose chief purpose is providing the use of billiard/pool tables to the public for a fee. "Bingo Parlor" - means a facility regulated under V.A.T.C.S., Article 179d - "Bingo Enabling Act." "Care Facility" - means an institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emotional, or other rehabilitative care as an outpatient or live-in member. This definition does not include those institutional uses provided for elsewhere in this ordinance, nor does it include foster care programs or family homes. "Employee" - means any person who is employed by any employer for direct or indirect monetary wages or profit. "Employer" - means any person who employs the services of an individual person. "Enclosed" - means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. "Food Products Establishments" - means an operation that sells food for human consumption and includes restaurants of any kind, but does not include grocery stores. "Health Care Facilities" - any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological and psychological conditions. "Person" - shall include associations, firms, partnerships and corporations, as well as individuals or groups of individuals. "Personal Care Facility" - an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment: and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter and laundry. "Public place" - means any enclosed area to which the public is invited or in which the public is permitted, and includes, but is not limited to: stores, offices, theaters, and other commercial establishments, restaurants, public and private institutions of learning, care facilities, and all public governmental facilities, but does not include the offices or work Ordinance No. 725 Page 3 of 11 1.12 1.13 1.14 2.1 2.2 2.3 ¸2.4 2.5 areas of workplaces not entered by the public in the normal course of business. A private residence is not a public place. "Sexually Oriented Business" - means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio or sexual encounter center, as these terms are defined in Section 5-166 of the City code. "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. "Workplace" - means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. SECTION 2 General Provisions The owner, operator~ manager, employer, or other person having control of any area where smoking is prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty feet (20') of the entrance to such area where smoking is to be prohibited as provided by this ordinance. A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City of Southlake ordinance." the universal symbol for no smoking, or other language that clearly prohibits smoking. Notice shall be deemed sufficient if each entrance to a building is posted with a sign containing the words "smoking permitted in designated areas only." Nothing in this section shall require the owner, operator, manager, employer, or other person having control of any building, facility, room, establishment, or structure to incur any expense to make structural or other physical modifications to comply with the terms and conditions of this section. The posting of signs or the equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to require infeasible structural changes. Nothing in this ordinance shall be construed to permit smoking where it is otherwise prohibited by law or regulation. Nothing in this ordinance shall be construed to preclude any owner or other person having authority to manage and control any public place or workplace from prohibiting smoking to a greater extent than is provided by this ordinance. Ordinance No. 725 Page 4 of 11 3.1 3.2 SECTION 3 Smoking Prohibited in Certain Designated Areas An owner, operator~ manager, employer, or other person having comrol of any building or area within a building may designate all or any part of such building or area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this ordinance and the posting of notice as herein required. A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following areas: (a) an elevator used by the public; (b) any enclosed or indoor public place of any facility owned, operated or managed by the City, including but not limited to any public meeting room, conference room, restroom or public service area: (c) any enclosed or indoor retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store, department store, and the public places within financial institutions: (d) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other per/brmance or event: (e) all areas which have been properly designated by the owner, operator, manager, employer, or other person having control of any building or area as "nonsmoking" areas in accordance with Section 3.1 of this Ordinance; (f) any enclosed or indoor facility of a public primary or secondary school; (g) public spectator seating areas of arenas, stadiums and outdoor events where chairs, benches or similar seating is provided, unless specifically designated as a smoking section: (h) health care facilities; provided that the owner or other person with authority to manage and control such facility may designate separate rooms, including in- patient sleeping quarters or areas, as places where smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. In no event shall smoking be Ordinance No. 725 Page 5 of 11 3.3 3.4 permitted in any health care facility corridor providing direct access to in-patient sleeping quarters; (i) any enclosed or indoor common area of personal care facilities, or care facilities, including but not limited to, common social or recreational areas, common kitchen or dining facilities, or lobby areas; ~J) designated nonsmoking areas of food products and entertainment establishments as set forth in Sections 4 and 5 of this Ordinance; (k) designated nonsmoking areas of workplaces as set forth in Section 6 of this Ordinance; Notwithstanding anything in section 3.2 to the contrary, the owner or person in control of an establishment or area described in section 3.2(c), 3.2(d), 3.2(0, 3.2(g), and 3.2 (i) may designate an area within the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (b) the area may not include cashier areas or over the counter sales areas; (c) the area may not include the viewing area of any theater or movie theater; (d) the area may not include the entire lobby; (e) the area in which smoking is permitted utilizes ventilation systems designed by a professional engineer as provided in section 4.1 of this ordinance; and the area is posted with appropriate signs designating the area as a smoking area. It is a defense to prosecution under this section if the person was smoking in an area that (a) a designated smoking area of a facility or establishment described in section 3.2(c), 3.2(d), 3.2(0, 3.2(g), 3.2(h), and 3.2(i) of this section which is posted as a smoking area with appropriate signs; an administrative area or private office of an establishment described in section 3.2(c), 3.2(d), 3.2(f), 3.2(h), or 3.2(i) unless such administrative area or private office is posted as a nonsmoking area in accordance with Section 3.1; (c) a retail or service establishment which is primarily engaged in the sale of tobacco products or smoking implements; or Ordinance No. 725 Page 6 of 11 (d) not posted as a nonsmoking area as required by sections 2.1 and 2.2 of this ordinance. 4.1 SECTION 4 Food Products Establishments A food products establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for nonsmoking patrons. A food products establishment which has outdoor dining areas shall provide separate outdoor dining areas for nonsmoking patrons. (a) In any food products establishment that provides designated smoking areas, each smoking area must: (I) The Building Official may grant an exception for an alternate system when it can be demonstrated that such alternate system will achieve results equivalent to those achieved by physical barriers. Such alternate system must be based on an engineering design and have the effect of a physical barrier, preventing the drift or penetration of smoke from a smoking area to a nonsmoking area. (2) Utilize a ventilation system which shall be designed by a professional engineer to provide an air change every fifteen (15) minutes and shall exhaust the air to the exterior of the building or adequately filter air before recirculating into occupied spaces and shall not cause air from a smoking area to be drawn across the nonsmoking area. The ventilation system shall be properly maintained to assure that it is operated at all times in compliance with this section. The system shall be tested by the City to verily that the system removes visual smoke at a rate of four (4) times per hour and that air from designated smoking areas is not drawn across nonsmoking areas. Smoking shall not be allowed in any area until the area is successfully tested and approved by the Building Official. The owner shall be required to pass additional tests in the future, as determined by the Building Official, if the adequacy of the system appears to fail to meet the requirements of this ordinance. A fee will be assessed for tests that fail to meet their standards. The fee amount will be established by City Council Resolution. Ordinance No. 725 Page 7 of 11 4.2 4.3 4.4 4.5 5.1 5.2 5.3 (b) In any food products establishment that provides designated smoking areas, each nonsmoking area must: be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; and (2) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. Nothing in this section shall be construed to prevent an owner or person in charge of a food products establishment from designating the entire establishment as nonsmoking. Each food products establishment which has indoor or enclosed dining areas, or outdoor dining areas shall: (a) have and implement a written policy which conforms to this ordinance and is kept on file on the premises; and (b) make the policy available for inspection by employees and municipal enforcemem personnel. Non-dining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms and cashier areas shall be designated as nonsmoking areas. It shall be unlawful for any person to operate a food products establishment without complying with this Section. SECTION 5 Entertainment Establishments Any entertainment establishment, including but not limited to a bar, nightclub, sexually oriented business, billiard hall, bingo parlor, or bowling center, shall provide separate entertainment areas for nonsmoking patrons. Any service or amenity, such as live entertainment, games, pool tables, etc., which the entertainment establishment chooses to provide, must be available in the nonsmoking area. Smoking and nonsmoking areas shall meet all requirements of Sections 4.1, 4.2, and 4.3. Areas of any entertainment establishment to which all patrons have general access, including but not limited to restrooms and cashier areas, shall be designated as nonsmoking areas. Ordinance No. 725 Page 8 of 11 5.4 It shall be unlawful for any person to operate any entertainment establishment without complying with this Section. SECTION 6 Smoking in the Workplace 6.1 Within three (3) months from the effective date of this ordinance, every employer within the City of Southlake who owns, occupies or controls a workplace shall adopt, implement and enforce a written policy on smoking that: (a) conforms to this ordinance and section; (b) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (c) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (d) establishes a procedure for addressing employee disputes and objections arising under the no smoking policy; (e) contains a statement that the employer shall not discharge, retaliate, or discriminate against any employee who: (1) files any complaint or causes any proceeding to be instituted under or related to this ordinance; (2) testifies or will testify in any proceeding instituted under this ordinance; or, exercises on his own behalf or the behalf of others any right afforded by this ordinance. 6.2 Employers shall provide conspicuous signage indicating nonsmoking areas; 6.3 Nothing in this section shall prohibit an employer from designating an entire workplace as nonsmoking. 6.4 Employers shall supply a written copy of the smoking policy to all current employees within three (3) weeks of the date of the adoption of the policy, and to all future employees at the time of their employment. 6.5 It shall be unlawful for an employer to operate a workplace without complying with the requirements of this ordinance. Ordinance No. 725 Page 9 of 11 SECTION 7 Compliance; Non Conforming Uses 7.1 Except as otherwise provided in this Section, the requirements of this ordinance shall not apply to any facility, business, or agency lawfully operating on the effective date of this ordinance or constructed under a valid building permit issued prior to the effective date of this ordinance. 7.2 No facility, business, or agency which is non conforming as to the requirements of this ordinance shall increase or expand such non conformity. 7.3 Any nonconforming facility, business, or agency shall comply with the requirements of this ordinance when structural changes are made which expand the seating capacity of the facility, business or agency. SECTION 8 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fine of not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 537 is hereby repealed. SECTION 10 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11 All rights and remedies of the City of Southlake are expressly saved as to any and all violations Ordinance No. 725 Page 10 of 11 of the provisions of Ordinance No. 537 or any other ordinances affecting smoking regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 12 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 13 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. ~_.~.~.I~SSED AND APPROVED ON FIRST READING ON THIS .... , 1998. DAY OF MAYOR ATTEST: CITY SECRETARY Ordinance No. 725 Page 11 ofll 99APPROVED SECOND READING ON THIS /t/ DAY OF ON 8. MAYOI~ ' ATTEST: APPROVED AS TO FORM AND LEGALITY: Star-Telegram G614a`°y AD ORDER NO. 14117036 4001N.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 THE STATE OF TEXAS )unty of Tarrant tsefore me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE INCH/LINETTAL O RATE 'AMOUNT 11/20ME 14117036 CITY OF SOUTHLAK I358 lx 59L 59 QUOTE 47 . 79 CITY OF SOUTHLAKE, 11/2 O-1 1/2 0 TEXAS ORDINANCE NO.725 AN ORDINANCE PROMOT- ING THE PUBLIC HEALTH -__._._..... BY ESTABLISHING PUB- LIC SMOKING REGULA- TIONS; PROVIDING FOR DEFINITIONS; PROHIBIT- ING SMOKING IN CER- TAIN _. DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ES- TABLISHMENTS; ENTER- TAINMENT ESTABLISH- MENTS AND WORK- PLACES; PROVIDING i THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;RE- PEALING ORDINANCE NO. 537; PROVIDING A SROVIDI GFO CLENAL- SI6,'r^ _ V�� 'ROVIDING FORA PENAL- ll fV'L��J--- � Y FOR VIOLATIONS IEREOF; PROVIDING A 22n EMBER 1 98 AVINGS CLAUSE; PRO- S TIONQ G IN PAMPHLET SWORN TO BEFORE ME, THIS THE AY OF ,NOV \J FORM; PROVIDING FOR ^u \y?�` PUBLICATION IN THE OF- k `I�' �,tl/`,C/) FICIAL NEWSPAPER;AND Y v��4 TV DATE. AN EFFEC- .�a�t,l, RHONDA R. GOKE Notary Public ENFOR ESCTIOMENT r I' COMMISSION EXPIRES 1 Any person whall violates this 1 TARRANT COUNTY,TEXAS ordinance Shanta guilty. -. +P' SEPTEMBER 8, 1999 1 Health and Sanitation misde- �F? meanor violation and subject `,+y.,.i_—..ay` to a fine of not more than • ' Two Thousand Dollars (S2,000.00). Each day that , a violation is permitted to ex- 5 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ist shall constitute a sepa- rate offense. PASSED AND APPROVED k TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----A BY THE CITY COUNCIL OF - THE CITY OF SOUTH- LAKE,TEXAS,ON NOVEM- BER 17,1998. MAYOR RICK STACY SATTEST: SANDRA L. LEG- RAND,CITY SECRETARY (APPROVED AS TO FORM: ram E. ALLEN TAYLOR �R., REMIT TO: PIO. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 14117036 NUMBER CIT57 DUE 47 . 79 PAGE1 CIF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 L r' CITY OF SOUTHLAKE • N\ 667 N CARROLL AVE . PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 47 . 79 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NU. 22 3148254 60360 AD ORDER NO. 400 W.SEVENTH STRF.ET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 ' E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTAL LINE RATE AMOUNT 11/D5ME 13960360 NOTICE OF PUBLIC I358 1x 58L 58 QUOTE 46 . 98 NOTICE HEARING 11/0 5-11/0 5 Notice is hereby given to all in- — _..... _.._ ._._..__.. _... ... _._. _. _. terested persons that the City Council of the City of Southlake, will be holding a public hearing during the _._ _..�..._._..,_ Regular City Council meeting to held on November 33, 1998, at 7:00 p.m., in the City Council Chambers of -"" City Hall, 667 North Carroll --- ------- - - -- Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading of the following_ordinance. ORDINANCE NO.725 AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY ES- TABLISHING PUBLIC SMOK-; ING REGULATIONS;PROVID-I ING FOR DEFINITIONS; PRO-1 HIBITING SMOKING IN CERTAIN DESIGNATED AR- EAS AND PUBLIC PLACES- tEGULATING SMOKING IN OOD PRODUCTS ESTAB- (- -ISHMENTS; REGULATING iMOKING IN THE WORK- i PLACE; PROVIDING THAT S THIS ORDINANCE SHALL BE SWORN TO BEFORE ME TI aTHE 6th DAY OF NOVEMBER 1998 CUMULATIVE OF ALL ORDI- NANCES' _ -s.3.: + PROVIDING A SEV- �� Lita...L. ERABILITY CLAUSE PROVID- r --Sty "..!`;y , ING FORA PENALTY FOR VI- e +rr RHONDA R. GOKE Notary Public OLATIONS HEREOF SZI _`ny . PROVIDING A SAVINGS+, •1 ;•f COMMISSION EXPIRES CLAUSE; PROVIDING FOR V. ,.5 FORM;PUBLICA PRO DTION ING FOR PUB-PAMPHLET '+�� SEPTEMBER 8, 1999 LICATION IN THE OFFICIAL 'r 1 TARRANT COUNTY,TEXAS NEWSPAPER,' AND PROVID- ING AN EFFECTIVE DATE. SECTION 6 wn";,E°aTso°�a Mi w,P4 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! I (zoo s!yl O1NI 31113 ¢0£0-098 V I-I'I6VS'U/M__TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ddHM Z Z 8 T I'IA/N 131ft -----4, Star-Telegrarii REMIT TO: 01 400 W.SEVENTH ST. •FORT WORTH, TEXAS 76102 13960360 ACCOUNT ) CIT57 AMOUNT 46 . 98 NUMBER DUE PAGE I 011 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 46 . 98 PLEASE WRITE IN AMOUNT ENCLOSED