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HomeMy WebLinkAbout2010-3285 - Ordinance - 09/23/2010ORDINANCE NO. 2010-3285 AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 9, "TOBACCO PRODUCTS AND SMOKING", AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 7, Section 9, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 23rd day of September, 2010. APPROVED: MAYOR U' ATTEST: City Secretary (J APPROVED: City Attorne}~2 ORDINANCE NO. 2010-3285 EXHIBIT "A" SECTION 9: TOBACCO PRODUCTS AND SMOKING A. Definitions Page 2 (1) Public Meeting means a meeting required to be open to the public under TEX. GOVT. CODE, Chapter 551. (2) Public Place means an enclosed, indoor area to which the public has access and includes, but is not limited to the following: (a) the common areas of a retail store, office, grocery store, or other commercial establishments; (b) a restaurant or cafeteria; (c) a public or private or secondary school; (d) a public or private institution of higher education; (e) a hospital or nursing home; (f) an elevator; (g) City and school buses; (h) City building, owned or leased by the City and used for City purposes; (i) an enclosed theater, auditorium, movie house, or arena; 0) a courtroom or a jury waiting or deliberation room; or (k) bar or bar area (3) Smoke or smoking includes: (a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (b) lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device. (4) Bair. A bar is an establishment that is dedicated predominately to the serving of alcohol rather than food. ORDINANCE NO. 2010Aa3285 Page 3 (5) Bar area. A bar area is an area physically separated from a food serving area dedicated predominately to the serving of alcohol rather than food. (6) Tobacco specialty shop means any establishment that is dedicated to the sale or rental of tobacco, tobacco-related products and accessories for consumption or use on or off the premises and more than 60% of the revenues must come from the sale or rental of tobacco and tobacco-related products. (7) Workplace means an enclosed area in which employees work or have access during the course of their employment. (S) Hookah bar means a bar in which the on-site sales or rentals of hookah tobacco products and smoking accessories for consumption or use on the premises exceeds 30% of gross revenues. (9) Smokine-related medical or scientific research means an enclosed indoor workplace. to the extent that tobacco smoking is an integral Dart of a medical or scientific research study that has been sanctioned by an accredited universitv or medical institution. B. Offense: Penaltv. (1) A person commits an offense if the person smokes at a public meeting, in a public place, in a workplace or in any other enclosed, indoor area in which "no smoking" signs are conspicuously posted by the person in charge, and the person is not in an area designated as a smoking area under Subsection C below. (2) It shall be an affirmative defense to the application of provision (1) of this subsection that the person is smoking: (a) as an actor or actress in a theatrical performance; or (b) at a tobacco specialty shop; or (c) at a hookah bar; or (d) as required of a DarticiDant in a smoking-related medical or scientific research study. Smoking shall be allowed and smoking signs are not required to be posted by the person in charge under Subsection C when smoking is permitted by Subsection 13(2)a and B(2)b and 13(2)c and B(2)d. Smoking is not allowed at any public meeting, in any public place, or in a workplace unless specifically permitted by Subsection B(2)a and B(2)b and 13(2)c and B(2)d. C. Designation of No Smoking and Smoking Areas (1) The person in charge shall designate the following areas as "non-smoking": (a) food order areas, cashier areas, check-out lines for stores; ORDINANCE NO. 2010_1289 (b) City library; (c) elevators; (d) City and school buses, including associated terminals; (e) restrooms; (f) movie theaters, hospitals, and rest home facilities; Page 4 (g) all other public places including restaurants, cafeterias, bars, bar areas; and (h) workplaces. (i) within a ten feet (10') radius of bars and bar areas entry ways; {j} within a twenty feet (201) radius of the entry ways of all other public places or workplaces (2) Smoking areas shall not be designated to cover areas in provisions (1)(a) through (1)0) of this subsection. It is not required that any smoking areas be designated. D. Signs (1) The person in charge of a public place or workplace shall place signs visible at each entrance of the building to notify persons entering that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. (2) The person in charge shall conspicuously post signs in areas designated as a smoking area that smoking is permitted in the area. E. Facilities to Extinguish Smoking Material All public places shall be equipped for extinguishments of smoking materials. Facilities for extinguishments of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs, stating "no smoking" F. Owner/Operator Responsible A person commits an offense if he is the owner, operator, manager or an employee of an establishment and he intentionally permits or fails to make a reasonable effort to prevent smoking in a "no smoking" area.