HomeMy WebLinkAbout1995-2157 - Ordinance - 12/14/1995ORDINANCE NO. 2157
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION BY AMENDING SECTION 9 REGARDING SMOKING
OF TOBACCO PRODUCTS IN PUBLIC PLACES AND ADDING NEW SUBSECTIONS
REGULATING THE SALE OF TOBACCO PRODUCTS TO MINORS AND THE
PLACEMENT OF TOBACCO PRODUCT VENDING MACHINES.
WHEREAS, on December 14, 1995, the City of College Station City Council deter-
mined that certain revisions to the City's existing smoking ordinance, Chapter 7,
Section 9 of the Code of Ordinances, were required in order to better protect the health
and safety of the citizens from the health risks associated with second-hand smoke and
under-age smoking;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION:
That Chapter 7, Subsection 9.A, of the Code of Ordinances of the City of College
Station is hereby amended to read as follows:
SECTION 9: TOBACCO PRODUCTS AND SMOKING OF
TOBACCO PRODUCTS IN PUBLIC PLACES
A. Definitions.
(1)
Bar or Cocktail Loun,qe. Any establishment or place within a restaurant
primarily engaged in the business of dispensing alcoholic or other bever-
ages and where if food is served, it is served only in the form of a snack
or appetizer.
(2)
Enclosed Area. Any area covered by a roof and surrounded by walls with
appropriate openings of ingress and egress.
(3)
Health Care Facility. Any office or institution providing individual care or
treatment of human medical, physiological or psychological illness, which
definition shall include but not be limited to hospitals, doctor's offices,
nursing and convalescent homes, and senior citizen residential facilities.
(4) Minor. Any individual under eighteen (18) years of age.
(5)
Person. Any individual, firm, partnership, association, corporation,
company or organization of any kind.
(6)
Place of Employment. Any enclosed area under the control of a public or
private employer which employees normally frequent during the course of
employment, including but not limited to work areas, employee lounges,
employee restrooms, conference rooms and employee cafeterias. A resi-
dence, including a home occupation, is not considered by this ordinance
to be a place of employment.
j~ c/ordtnar~'smok~ng4, doc
O I /'04 '96
Ordinance No. 2157 Page 2
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Public Conveyance. Any mass transit vehicle or school bus.
Public Meeting. Any gathering or assembly of individuals held in any
room or chamber wherein public, civic or governmental business is
conducted and which is open to the public either as participants or spec-
tators.
Public Place. Any enclosed area to which the public is invited or in which
the public is permitted, not including the offices or work areas not entered
by the public in the normal course of business or use of the premises. A
residence is not a public place.
Public Restroom. Any restroom, bathroom, or toilet facility that would also
meet the definition of a Public Place herein.
Restaurant. Any structure or premises where the principal activity
involves the serving of prepared food with or without alcohol, except
where the definition of bar herein is met, for customers' on-premise or off-
premise consumption. Cafeterias and lunch counters are included in this
definition while drive-in eating establishments are not.
Retail Store. An establishment whose purpose is to offer for sale and sell
to consumers, not for resale, goods, wares, merchandise and food, which
items are purchased for use and/or consumption off the premises.
Service Line. A line of persons formed for the securing of a service or
product on a first-come first-served basis.
Smoking. The lighting, holding, carrying of, inhaling and exhaling of the
smoke of a tobacco product, which definition includes but is not limited to
the carrying or holding of a lighted pipe, cigar or cigarette of any kind or
any other lighted smoking equipment or dewce.
Sports Arena. An indoor facility primarily used for sports, cultural or other
similar events.
Theater. Any indoor facility primarily used for the exhibition of any motion
picture, stage drama, musical recital, musical concert, dance, lecture or
other similar performance.
Tobacco Product. The product derived from the dried leaves of any one
of the various species of Nicotiana, including but not limited to the
species Nicotiana Tabacum, the broadleafed native American plant,
which is utilized for smoking.
Tobacco Product Vending Machine. Any self-service device that
dispenses tobacco products either without charge or upon deposit of any
coin, paper currency, token, card, key, or other item. The term does not
include any such device that is in storage or in transit.
j.~,c/ordtnan s~nokmg4.doc
11/2 7/95
Ordinance No. 2157 Page 3
I1.
That Chapter 7, Subsection 9. B, of the Code of Ordinances of the City of College
Station is hereby amended to read as follows:
B. Prohibition.
(1) Except as provided in Subsection C of this Section, smoking is unlawful in
the following public places during the hours in which they are open to the
public:
(a) Art galleries, libraries, museums, and similar cultural facilities;
(b) Classrooms and lecture halls.
(c) Elevators.
(d) Health care facilities.
(e) Public conveyances.
(f) Public meetings.
(g) Public places.
(h) Public restrooms
(i) Restaurants.
(j) Retail stores.
(k) Taxicabs
(I) Theaters.
(m) Service lines.
(n) Shopping centers and malls.
(o) Sports arenas.
In each instance, no-smoking shall be designated by signs posted in conspicu-.
ous locations located at any entrance to and within such areas. Such signs shall
be visible to the public and clearly recite the phrase "No smoking" and/or use the
international no-smoking symbol.
(2) Possession of tobacco products by minors unlawful.
(a) Except as provided in subsection (b) of this section, possession of
a tobacco product by a minor is prohibited.
j~/c ordtnan 'smoktng4. doc
11/27/95
Ordinance No. 215 7 Page 4
(b) A minor may possess a tobacco product:
(i)
if in the presence of an adult parent, guardian, or other adult
to whom the minor has been committed by a court; or
(ii)
while in the course and scope of employment, but only if the
possession of a tobacco product is pursuant to a lawful retail
sale of the tobacco product and the minor's employment is
not otherwise prohibited by law.
(3) Tobacco Product Vending Machines Prohibited.
(a)
Except as provided in subsection (b) of this section, tobacco prod-
uct vending machines are prohibited within the corporate limits of
the City of College Station.
(b)
A person may own or allow the display or use of, a tobacco product
vending machine if it is located:
(i) in a Bar or Cocktail Lounge; or
(ii)
in a place of employment, provided that the tobacco product
vending machine is located in such a manner so that only
employees, not patrons or the general public, have access
to the tobacco product vending machine; or
(iii) in a private residence.
II1.
That Chapter 7, Subsection 9. D, of the Code of Ordinances of the City of College
Station is hereby amended to read as follows:
D. Unlawful.
(1) A person commits an offense if he:
(a)
knowingly, intentionally or by criminal negligence smokes in an
area designated as prohibited under Subsection B;
(b)
knowingly, intentionally or by criminal negligence smokes in a
posted no-smoking area;
(c)
knowingly, intentionally or by criminal negligence fails to post a no-
smoking area sign as required by this ordinance;
(d)
knowingly, intentionally or by criminal negligence fails to inform any
person who violates this ordinance, when such duty to inform
arises as set forth in Subsection B;
IS/C/ordmaw smokmg4 doc
11, 2 7/95
Ordinance No. 2357 Page 5
(e)
knowingly, intentionally or by criminal negligence destroys or
defaces a sign posted as required by this ordinance;
(t3
knowingly, intentionally or by criminal negligence fails to designate
no-smoking and smoking areas as required by this ordinance;
(g)
knowingly, intentionally or by criminal negligence places or allows
the placement of a tobacco product vending machine in violation of
this ordinance;
(h)
knowingly, intentionally, or by criminal negligence possesses a
tobacco product and is a minor who is not in the presence of an
adult parent, guardian, or other person to whom the minor has
been committed by a court and who is not in the course and scope
of the minor's lawful employment.
IV.
This ordinance shall become effective and be in full force and effect from and after its
passage and approval by the City Council and duly attested by the Mayor and City
Secretary.
PASSED, ADOPTED and APPROVED this /~"/~' day of ~"~~ ,1995.
Vf
APPROVED:
ATTEST:
Connie Hooks, City Secretary
js/c, ordtnan/smokmg4 doc
11/2" 95