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HomeMy WebLinkAboutDecember 11, 2012 AgendaAGENDA CITY OF DENTON CITY COUNCIL December 11, 2012 After determining that a quonim is present, the City Council of the City of Denton, Texas will convene in 2"a Tuesday Session on Tuesday, December 11, 2012 at 4:00 p.m. in the City Council Worlc Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: A 2"a Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2"a Tuesday Session, the City Council generally receives informal and prelinunary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to spealc ceases when the Mayor announces the session is being closed to public input. Although 2"a Tuesday Sessions are public nieetings, and citizens have a legal right to attend, they are not public hea�ings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report, hold a discussion, and give staff direction regarding the recommendation of Ad-Hoc Citizen Advisory Comnuttee on Smolcing Regulations to City Council on a draft smolcing ordinance. 2. Receive a report and hold a discussion regarding an Update on Citizen Advisory Committee for the Comprehensive Plan rewrite. 3. Receive a report, hold a discussion and give staff direction regarding the 2013 State Legislative Program of the City of Denton for the 83rd Texas Legislature, including lcey legislative issues and strategies. 4. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upconung meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be talcen, to include: expressions of thanks, congranilations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a renunder about an upconung event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda December 11, 2012 Page 2 Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider the following: A. Consultation with Attorneys — Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the e�traterritorial jurisdiction, including Constitutional linutations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2012 at o'clocic (a.m.) �P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2012 DEPARTMENT: City Manager's Office ACM: George C. Campbell��� SUBJECT Receive a report, hold a discussion, and give staff direction regarding the recommendation of Ad-Hoc Citizen Advisory Committee on Smolcing Regtilations to City Council on a draft smolcing ordinance. BACKGROUND City Council received a report at the January 10, 2012 work session, regarding amendments to the City of Denton smolcing ordinance (86-069 as amended by ordinance 93-193). Council directed staff to draft a resolution creating an ad-hoc citizen advisory committee that would advise staff and Council regarding a comprehensive update to the current smolcing ordinance, with an objective of adopting amendments for implementation effective by January 1, 2013. Staff provided council with an Informal Staff Report on September 7, 2012, which included a preliminary list of recommended committee members and bacicground information on the committee composition in preparation for the September 18, 2012 Council Meeting. Staff then received direction from City Council at the September 18 Worlc Session, regarding the composition and appointments of the committee. Council adopted Resolution R2012-029, which created the committee and its charge, then appointed the members to the committee as an Item for Individual Consideration later that evening. The committee member list is attached as Exhibit 2. Based on the timeline presented to and reviewed by City Council on September 18, the first Advisory Committee (the Committee) meeting toolc place October 11, 2012. As their first order of business, the Committee members elected Dr. Filippo Masciarelli as the Chair and Chucic Carpenter from the Chamber of Commerce as the Vice-Chair. The Committee then decided upon ground niles governing the conduct of the meetings, reviewed the proposed timeline of ineetings, and reviewed the bacicground materials provided by staff. The committee was provided with a draft model ordinance, predicated on the American Lung Association's Model Ordinance for cities, State Representative Myra Crownover's HB 670 from the 82"a legislature addressing a Smolce-Free Texas, and existing city ordinances throughout North Texas. The committee was also provided with a list of exceptions that may appear in municipal ordinances that are not comprehensive in their approach to smolcing restrictions. In addition, the committee noteboolcs included research studies on smolcing, representing both sides of the issue, and a matrix of Texas cities and the key points of their respective smolcing ordinances. The Committee began discussing and voting on locations that they would recommend as non- smolcing establishments and exceptions thereto. The next three meetings, October 25, November 15, and December 3, consisted of discussion and voting on each type of establishment in the model ordinance and the possible exceptions. The proceedings of each meeting are recorded in the minutes, with the motions made and votes talcen clearly outlined. The minutes are attached as Exhibit 7 for your reference. Currently there is no future scheduled meeting of the Committee. As a result, the minutes of the proceedings on December 3 have not been approved by the members, while all other minutes were approved unanimously by the body. Overview of the Committee Recommendations The recommended draft ordinance is attached as Exhibit 4. For your reference, staff is also attaching the draft model ordinance that was originally provided to the committee and from which they worked, as well as the current ordinance as Exhibits 5 and 6 respectively. After much discussion on the various items presented in the draft model ordinance, committee members voted to recommend exempting the following items from the smolcing restriction of the proposed ordinance: (1) Private residences, except when used as a child care, adult day care, or health care facility; (2) Personal vehicles; (3) Private clubs and fraternal organizations; (4) Open-aired outdoor patio of a restaurant and a bar; (5) A bar that does not allow admittance or employ persons under the age of eighteen (18) years; (6) Bingo Parlors which provide a solid physical barrier to separate the non-smolcing section. Any existing bingo parlors shall have three (3) years from the effective date of this ordinance to constnict such barrier; and (7) Tobacco shops, tobacco bars, and cigar bars. Definitions of terms are provided at the beginning of the ordinance, including definitions for private clubs, fraternal organizations, open-aired patiq bar, restaurant, bingo parlors, tobacco shops, tobacco bars, and cigar bars. The committee members recommend prohibiting smolcing in places of employment and in the following locations: (1) An elevator used by the public; (2) Healthcare facilities; (3) Any facility owned, operated or managed by the city; (4) Any vehicle owned by or under the control of the city; (5) Any retail establishment serving the general public, except as otherwise permitted in this ordinance; (6) Lobbies, hallways, and other common areas in retirement facilities and nursing homes; (7) Any facility of a public primary or secondary school; (8) Child care and adult day care facilities; (9) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; (10) Public libraries, including exterior corridors within 30 feet of any public entrance; (11) Museums; (12) Restaurants; (13) Bars, except as otherwise permitted in this Ordinance; (14) Lobbies, hallways, and other indoor public areas in hotels and motels; (15) Bowling alleys (16) Pool/billiard halls; (17) Polling places; (18) Bingo Parlors, except as otherwise pernutted in this ordinance; and (19) Public transportation vehicles, including buses and trains and enclosed facilities in support of public transportation such as ticicet, boarding, shelter, and waiting areas. Regarding enforcement of the ordinance, the draft before you malces the individual who is smolcing or in possession of lit tobaccq weed, or other plant product liable, as it relates to this ordinance. As currently stated, the onus is not on the business owner. Enforcement was not part of the committee charge per Resolution 2012-029. Regarding signage of non-smolcing facilities, staff recommends the city provide the required signage for the first year the ordinance is in effect. Owners, operators, and managers would be able to come by a city facility to picic up such signage for their establishment without incurring the cost of required signage in order to be in compliance with this ordinance. EXHIBITS 1. Resolution creating an Ad-hoc Citizen Advisory Committee on Smolcing Regtilations 2. Ad-hoc Citizen Advisory Committee on Smolcing Regtilations membership 3. Meeting Schedule/Timeline of Events 4. Draft Ordinance on Smolcing Regtilations, as originally provided by staff to the members 5. Draft Exceptions on Smolcing Regtilations, as provided by staff to the members 6. City of Denton Ordinance 86-069 (current ordinance) 7. Minutes of the Ad-hoc Citizen Advisory Committee meeting proceedings 8. Draft Ordinance on Smolcing Regtilations, as recommended by the Ad-hoc Citizen Advisory Committee Respectfully submitted: ��,,�:.� � �_ �....,,.,��''•----.�-,-.. George C. Campbell City Manager Prepared by: Lindsey Balcer Assistant to the City Manager h:lresearch�smoking ordinanceslais smoking ordinancelsmoking ad hoc cmte (9.18.12).doc RESOLUTION NO. 1�012-029 Exhibit 1 A RESOLUTION CREATING AN AD-HOC CITIZEN ADVISORY COMMITTEE TO ADVISE COUNCIL AND STAFF ON THE DEVELOPMENT OF AN ORDINANCE REGULATING SMOKING AND THE COMPOSITION OF SUCH A CITIZEN COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Denton has received scientific reports from the medical community, health experts, the general citizenry, and city staff concerning the detrimental health effects of smoking on individuals who consume cigarettes and other tobacco- related products and the detrimental health effects of exposure to second-hand smoke on individuals in close proximity to those smoking; and WHEREAS, the City Council of Denton recognizes these and other scientific reports as the current and generally acceptable principle upon which to take measures to protect the health and safety of the general public; and WHEREAS, the City Council has determined that it is in the best interest of the Denton community to revise provisions of Article IV, Sections 14-86 through 14-90 in Chapter 14, Health and Human Services, of the Denton Code of Ordinances with the intent of creating a smoke-free Denton; and � WHEREAS, the City Council of Denton has determined that it would be advisable to create an Ad-hoc Citizen Advisory Committee to provide recommendations for such revisions; and WHEREAS, the City Council of Denton has determined that it is advisable that the Ad- hoc Citizen Advisory Committee shall be dissolved upon the completion of the work as outlined below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION l. A Citizen Committee shall be appointed to consider and advise the City Council of Denton in what ma.nner to revise the current smoking ordinance provisions. SECTION 2. The Citizen Committee shall be appointed by the Council and may be composed of up to nineteen (19) citizens of the community as follows: two (2) representatives of local restaurants; two (2) representatives of local stand-alone�bars; one (1) representative of a tobacco-related outlet; one (1) musician; one (1) representative of the Denton Chamber of Commerce; one (1) representative of the Denton Hispanic Chamber of Commerce; one (1) representative of the Denton Black Chamber of Commerce; one (1) local Medical Professional, defined as a current medical practitioner; one (1) representative of the Denton County Health Department; one (1) representative of Denton Regional Medical Center; one (1) representative of Denton Texas Health Resources; and six (6) Denton citizens from the general public. The Chairperson may be appointed by the Mayor from the members of the Citizen Committee. A member of the City of Denton staff shall serve as facilitator and ex-officio member of the committee and may be appointed by the City Manager. The Committee shall perform its functions in accordance with the intent of this Resolution. SECTION 3. The charge of the Committee is to consider and advise the City Council of Denton in what manner to revise the current provisions of Article IV, Sections 14-86 through 14- 90 in Chapter 14, Health and Human Services, of the Denton Code of Ordinances. The Committee shall recommend which, if any, exceptions should be included in a comprehensive smoking ban ordinance. The Committee may recommend definitions for public place, workplace, and other locations as deemed reasonable by the members of the committee. The definitions and exceptions shall be drafted with the intent to protect the health and safety of the general public. SECTION 4. The Committee shall create and abide by ground rules to be set forth and voted upon unanimously by the Committee. In the event a member of the Committee does not abide by the ground rules, the committee member may be removed by a majority vote of the committee members present. SECTION 5. All Committee meetings shall be open to the public. SECTION 6. The Committee shall be dissolved upon completion of the work set forth in this resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of ��� , 2012. ,� \ � -�,_ � 'G' MARK A. B�ifi OU H, , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Ad-hoc Citizen Advisory Committee on Smoking Regulations Revised 10/10/12 Medical/Health Professionals Business Representatives Citizen/Resident Representatives - 6 Denton County Health Department - 1 Juan Rodriguez, MPH Chief Epidemiologist Denton Regional Medical Center - 1 JudyJeanes, RN Director of Cancer Care Services/Oncology Nurse Navigator Texas Health Resources Presbyterian Hospital - 1 Kathy Cantrell, RN Employee Health Nurse Practicing MD - 1 Dr. Filipo Masciarelli (Chair) CareHere Physician City of Denton Employee Health Clinic Denton Chamber of Commerce - 1 Chuck Carpenter (Vice-Chair) President Denton Hispanic Chamber of Commerce - 1 Mariella Cudd Cudd Realty, Inc. Denton Black Chamber of Commerce - 1 Emma Fowler EM Fowler & Associates Local Musician - 1 Chris Flemmons Local Restaurants/Stand-Alone Bars - 4 Sweetwater Grill & Tavern Karen/Jimmy Meredith Owners Vigne John Ryan Owner Dusty's Bar & Grill Jennifer Gibbs Dan's Silverleaf Dan Mojica Owner Tobacco-Related Outlet - 1 Bagheri's Hookah Lounge Sarah Bagheri Representative Nathaniel Lightfoot Rep from Querencia Community Bike Shop Adam Briggle UNT Professor Phil Kregel Jack Thomson Former Council Member Pat Cheek Former TSC Member Scott Campbell Exhibit 2 Exhibit 3 Tuesday, September 18, 2012 Thursday, October 11, 2012 Thursday, October 25, 2012 Thursday, November 15, 2012 Thursday, November 29, 2012 Thursday, November 29, 2012 Tuesday, December 04, 2012 Tuesday, December 18, 2012 Sunday, January 01, 2012 Ad-hoc Citizen Advisory Committee on Smoking Regulations Schedule City Council Work Session, discuss resolution creating committee City Council Consent Agenda, consider approval of resolution City Council Individual Item for Consideration, consider appointments to the committee First Citizen Committee meeting, discuss ground rules, choose chair of committee, review draft ordinance Second Citizen Committee meeting, continue review of draft ordinance Third Citizen Committee meeting, continue review of draft ordinance. If possible, finalize recommendations. Final Citizen Committee meeting. Finalize recommendations if not completed on Nov 14. (Staff completes AIS for Dec 4 meeting) City Council Work Session on Committee recommendation. Public Hearing and Council consideration of ordinance. If council moves in this direction and adopts a new ordinance on December 18, this is the date we anticipate the ordinance becoming effective. Committee Meetings will take place from 6pm-8pm in the City Council Work Session Room at City Hall, located at 215 E. McKinney. *Note: the November 29 meeting was rescheduled to December 3; the December 4 Work Session item was rescheduled to December 11. *Schedule is subject to change* Exhibit 4 DRAFT MODEL ORDINANCE FOR CONSIDERATION BY COMMITTEE ARTICLE IV. - SMOKING �35� �3s> Cross reference— Fire prevention generally, Ch. 11; food establishments generally, § 13-26 et seq. Sec. 14-86. - Definitions. Sec. 14-87. - Smokinq prohibited in certain public places. Sec. 14-88. - Smokinq prohibited in places of employment. Sec. 14-89. - Smokinq not prohibited in cer�ain places. Sec. 14-90. - Siqnaqe. Sec. 14.91. - Penalties. Sec. 14-86. - Definitions. 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 enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of alcoholic beverages for on-premises consumption. Cigar Bar means an establishment used primarily for the sale of cigar and cigar-related products and in which the serving of alcoholic beverages are incidental to such retail operations. Employee means an individual who is employed by an employer for direct or indirect monetary wages or profit or volunteers the individual's services for an employer. Employer means a person who employs one or more individuals or uses the volunteer services of one or more individuals. Fraterna/ Organization means a non-profit organization that: (1) is tax exempt under Section 501 (c)(8), (10), or (19) of the Internal Revenue Code; (2) operates under a lodge system with a representative form of government; and (3) is organized for the exclusive benefit of the members of the organization and their dependents. Hea/thcare Facility means an office or institution in which care or treatment is provided for physical, mental, or emotional diseases or other medical, physiological, or psychological conditions. Operator means the owner or person in charge of a public place or place of employment, including an employer. P/ace of Employment means an area under control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting Denton, Texas, Code of Ordinances Page 1 of 4 DRAFT MODEL ORDINANCE FOR CONSIDERATION BY COMMITTEE rooms, classrooms, employee cafeterias, hallways, construction sites, and temporary offices. Private Club means an organization that owns, leases, or occupies a building used exclusively for club purposes at all times and; (1) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; (2) sells alcoholic beverages only incidentally to its operation; (3) 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 (4) has established bylaws or a constitution to govern the club's activities; and (5) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as a club described by Section 501(c) (7) of that code. Public P/ace means an enclosed area the public is invited or allowed to enter, as further described in Sec. 14-87(a)., 14-88., and 14-89. Restaurant means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located at the establishment. Retail establishment means any establishment which primarily sells goods and/or services to the general public. Smoke/Smoking means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smoking equipment in any manner. Tobacco Shop means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. Tobacco Bar means a business that: (1) holds a permit under Chapter 155 of the Tax Code; and (2) holds an alcoholic beverage permit or license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage Code, or under Section 11.10, Alcoholic Beverage Code. (Code 1966, § 13-50; Ord. No. 93-193, § I, 10-19-93; Ord. No. 97-114, § XI, 4-1-97) Sec. 14-87. - Smoking prohibited in certain public places. (a) It is unlawful for any person to smoke or possess a burning tobacco, weed or other plant product in any of the following public places: (1) An elevator used by the public; (2) Healthcare facilities; (3) Any facility owned, operated or managed by the city, including buildings and vehicles; Denton, Texas, Code of Ordinances Page 2 of 4 DRAFT MODEL ORDINANCE FOR CONSIDERATION BY COMMITTEE (4) Any retail establishment serving the general public, including but not limited to any department store, grocery store or drugstore, and indoor and outdoor shopping malls; (5) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities; (6) Any facility of a public primary or secondary school; (7) Child care and adult day care facilities; (8) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; (9) Public libraries, including exterior corridors, waiting areas, and parking lots; (10) Museums; (11) Restaurants; (12) Bars, including a bar within a restaurant; (13) Outdoor patio of a restaurant and/or bar; (14) In or within 25 feet of any door, operable window/vent or other opening to a place where smoking is prohibited; (15) Hotels and motels; (16) Bowling alleys and pool/billiard halls; (17) Nightclubs; (18) Polling places; (19) Private clubs and fraternal organizations; (20) Public transportation vehicles, including buses and taxicabs, and ticket, boarding, shelter, and waiting areas of public transportation facilities, including bus, train, and airport facilities. Sec. 14-88. - Smoking prohibited in places of employment. (a) It is unlawful for any person to smoke or possess a burning tobacco, weed or other plant product in places of employment, except as provided in section 14-89 of this ordinance. (b) An employer shall communicate this prohibition to all prospective employees upon their application for employment. Denton, Texas, Code of Ordinances Page 3 of 4 DRAFT MODEL ORDINANCE FOR CONSIDERATION BY COMMITTEE Sec. 14-89. — Smoking not prohibited in certain places. (a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: (1) Private residences, except when used as a child care, adult day care, or health care facility; (2) Personal automobiles; (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section, may declare that entire establishment or facility as a nonsmoking establishment. Sec. 14-90. - Signage (a) The owner or person in control of an establishment in which smoking is prohibited by subsections 14.87 (a) and 14.88 (a) of this chapter shall: (1) Post a conspicuous sign at the main entrance to the establishment that shall contain the words "No Smoking, City of Denton Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking; and (2) Remove all ashtrays from any area in which smoking is prohibited. Sec. 14-90. - Penalties. It shall be unlawful for any person to violate any provision of this article, and upon conviction such person shall be punished as provided in section 1-12 of this Code. (Code 1966, § 13-55) �3s> State Law reference— Smoking in certain public places, V.T.C.A., Penal Code § 48.01. (Back) Denton, Texas, Code of Ordinances Page 4 of 4 Exhibit 5 DRAFT EXCEPTIONS TO MODEL ORDINANCE TO BE CONSIDERED BY COMMITTEE Sec. 14-89. — Smoking not prohibited in certain places. (a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: (1) Not more than twenty percent (20%) of the rooms rented to guests in a hotel or motel and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under provisions of this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms; (2) Private and semi-private rooms in nursing homes or long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter; (3) Tobacco shops, tobacco bars, and cigar bars; (4) Private clubs and fraternal organizations that do not employ any employees: i. Unless the club is being used for a function to which the general public is invited; and ii. Provided the private club is not established for the sole purpose of avoiding compliance with this chapter; (5) An unenclosed outdoor patio/seating area of a restaurant or bar, other than the areas described by Section 14-87 (a)(14) provided that: i. Smoking is prohibited within 25 feet of any door, operable window, vent, or other opening to a place where smoking is prohibited; ii. The outdoor patio/seating area is not adjacent to a playground or play area for children; (6) A bar within a restaurant provided that: i. The bar is enclosed with a separate ventilation system, situated so that air from the smoking area is not drawn into or across the nonsmoking area; and ii. A sign is posted on the premises in a conspicuous place to advise the public that smoking is permitted in the bar; (7) Bowling alleys; (8) Stage areas of enclosed theaters, if smoking is an integral part of a theatrical performance; Exhibit 6 Subpart A- CODE OF ORDINANCES Chapter 14 - HEALTH AND HUMAN SERVICES ARTICLE IV. - SMOKING ARTICLE IV. - SMOKING �35� �3s> Cross reference— Fire prevention generally, Ch. 11; food establishments generally, § 13-26 et seq. Sec. 14-86. - Definitions. Sec. 14-87. - Smokinq prohibited in certain public areas. Sec. 14-88. - Written policv required. Sec. 14-89. - Food establishments. Sec. 14-90. - Penalties. Sec. 14-86. - Definitions. 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: Administrative area means the area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges or meeting rooms. Director means the manager of the consumer health division of the city. Food establishment means any operation defined as such in section 13-1 of this Code. Hospita/ means any institution that provides medical, surgical and overnight facilities for patients. Public service area means any area, other than an administrative area, to which the general public routinely has access for municipal services and which is designated a public service area in a written policy prepared in compliance with this article. Retail establishment means any establishment which primarily sells goods to the general public. (Code 1966, § 13-50; Ord. No. 93-193, § I, 10-19-93; Ord. No. 97-114, § XI, 4-1-97) Sec. 14-87. - Smoking prohibited in certain public areas. (a) It is unlawful for any person to smoke or possess a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas: (1) An elevator used by the public; (2) A hospital or nursing home corridor providing direct access to patients' rooms; (3) Any conference room, meeting room or public service area of any facility owned, operated or managed by the city, but this does not include the Civic Center, the Visual Arts Center nor the Center for Performing Arts; (4) Any retail establishment serving the general public, including but not limited to any Denton, Texas, Code of Ordinances Page 1 of 4 Subpart A- CODE OF ORDINANCES Chapter 14 - HEALTH AND HUMAN SERVICES ARTICLE IV. - SMOKING department store, grocery store or drugstore; or (5) An area marked with a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of a hospital, nursing home or retail establishment serving the general public; or (6) Any facility of a public primary or secondary school or an enclosed theater, movie house, library or museum. (b) The owner or person in control of an establishment in which smoking is prohibited by subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The owner or person in control of an establishment in which smoking is prohibited in a specified area shall post a conspicuous sign at the entrance to the area. The sign shall contain the words "No Smoking, City of Denton Ordinance," the universal symbol for no smoking or other language that clearly prohibits smoking. (c) Every hospital shall: (1) Allow all patients, prior to elective admission, to choose to be in a no smoking patient room; and (2) Require that employees or visitors obtain express approval from all patients in a patient room prior to smoking. (d) The owner or person in control of an establishment or area described in subsections (a)(4) or (a)(6) of this section may designate an area, including but not limited to a lobby, meeting room or waiting room, as a smoking area; provided, that the designated smoking area may not include: (1) The entire establishment; (2) Cashier areas or over-the-counter sales areas; or (3) The viewing area of any theater or movie house. (e) It is a defense to prosecution under this section if the person was smoking in a location that was: (1) A designated smoking area of a facility or establishment described in subsections (a)(4) or (a)(6) of this section which is posted as a smoking area with appropriate signs; (2) An administrative area or office of an establishment described in subsection (a)(4) or (a)(6) of this section; (3) A retail establishment serving the general public with less than five hundred (500) square feet of a public showroom or service space or having only one (1) employee on duty unless posted as a designated nonsmoking area in accordance with subsection (a)(5) of this section; or (4) A retail establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements. (� The owner or person in control of an establishment exempted from designating nonsmoking areas by subsection (e) of this section who chooses not to designate any such areas shall post a conspicuous sign near the main entrance to the establishment with the words "Smoking Permitted Throughout" or Denton, Texas, Code of Ordinances Page 2 of 4 Subpart A- CODE OF ORDINANCES Chapter 14 - HEALTH AND HUMAN SERVICES ARTICLE IV. - SMOKING "Nonsmoking Areas Not Available" or similar language to indicate that no nonsmoking areas are provided. (Code 1966, § 13-51; Ord. No. 93-193, §§ II, III, 10-19-93) Sec. 14-88. - Written policy required. The owner or person in control of any facility or area designated as a no smoking area in section 14-87(a)(3) of this article shall: (1) Have and implement a written policy on smoking which conforms to this article; and (2) Make the policy available for inspection by the director. (Code 1966, § 13-52; Ord. No. 93-193, § IV, 10-19-93) Sec. 14-89. - Food establishments. (a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. (b) A nonsmoking area shall: (1) Be separated, where feasible, from smoking areas by a minimum of four (4) feet of contiguous floor space; (2) Be ventilated, where feasible, and situated so that air from the smoking area is not drawn into or across the nonsmoking area; (3) Be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; and (4) Have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. (c) Each food establishment which has a dining area shall: (1) Have and implement a written policy on smoking which conforms to this article; (2) Make the policy available for inspection by the director; and (3) Have signs at the establishment's entrance indicating that nonsmoking seating is available. (d) Nondining areas of any food 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. (e) It is a defense to prosecution under this section that the food establishment is: (1) An establishment which has indoor seating arrangements for less than fifty (50) patrons; (2) An establishment in which more than seventy (70) percent of its annual gross sales is from the sale of alcoholic beverages; or Denton, Texas, Code of Ordinances Page 3 of 4 Subpart A- CODE OF ORDINANCES Chapter 14 - HEALTH AND HUMAN SERVICES ARTICLE IV. - SMOKING (3) A physically separated bar area of a food establishment otherwise regulated. (� The owner or person in control of an establishment exempted from designating nonsmoking areas by subsection (e) of this section who chooses not to designate any such areas shall post a conspicuous sign near the main entrance to the establishment with the words "Smoking Permitted Throughout" or "Nonsmoking Areas Not Available" or similar language to indicate that no nonsmoking areas are provided. (g) It shall be unlawful for any person to smoke or possess a burning tobacco, weed or other plant product in an area of a food establishment designated as nonsmoking. (Code 1966, §§ 13-53, 13-54) Sec. 14-90. - Penalties. It shall be unlawful for any person to violate any provision of this article, and upon conviction such person shall be punished as provided in section 1-12 of this Code. (Code 1966, § 13-55) �3s> State Law reference— Smoking in certain public places, V.T.C.A., Penal Code § 48.01. (Back) Denton, Texas, Code of Ordinances Page 4 of 4 Exhibit 7 OCTOBER 11, 2012 MINUTES AD-HOC CITIZEN ADVISORY COMMITTEE ON SMOKING REGULATIONS Attendees: Sara Bagheri, Lindsey Balcer, Adam Briggle, Scott Campbell, Chucic Carpenter, Pat Cheelc, Mariella Cudd, Judy Jeanes, Chris Flemmons, Emma Fowler, Jennifer Gibbs, Phil Kregel, Nathaniel Lightfoot, Filipo Masciarelli, Jimmy Meredith, Karen Meredith, Dan Mojica, Robin Myles, Juan Rodrigtiez, John Ryan, Jack Thomson The meeting was called to order at 6:04 pm 1. Elect the Chair and Vice-Chair The committee elected Dr. Filipo Masciarelli as Chair, and Chucic Carpenter as Vice Chair. 2. Establish rules and procedures for conducting meetings of the Committee. The committee decided on the following ground niles and procedures for conducting meetings: • Time limit for members to spealc is 2 minutes, with 1 minute for rebuttal. • Refrain from using foul language. • Duration of ineetings — 6 pm to 7:30 pm, with option to go longer if necessary. • Meeting minutes will be emailed to committee members no later than three days before the next scheduled meeting. 3. Role, purpose, and charge to the Ad-hoc Citizen Advisory Committee on Smoking Regulations. The committee reviewed the role, purpose, and charge to the committee. Balcer stated that the intent of the committee, based on the council-approved resolution, is to create a smolce-free Denton. The charge of the committee is to consider and advise the Council how to revise the current ordinance; and to recommend any exceptions that should be included in a comprehensive smolcing ban ordinance. A comprehensive smolcing ban ordinance covers everything; and includes outdoor patios, bars and restaurants. Primarily the committee will be loolcing at the exceptions and also loolcing at definitions for public place, worlcplace and other locations as deemed reasonable by the committee. 4. Agenda materials provided to the Committee. Balcer explained the materials provided to the committee. • Draft Model Ordinance — is a comprehensive smolcing ordinance model created to help the committee facilitate the process and use as a guide. Draft Exceptions — a list of exceptions based on different city ordinances throughout the state of Texas that the committee may want to consider. "Public Feedback" — information from the Engage Denton website was provided. o Committee member Gibbs commented that the majority of her customers and all of her staff are not reflected in the information. Is more targeted to people who are in business or are more professional and she felt that the site is heavily weighted to non-smolcing people. • UTMB Research Database Ratings (Denton County) — information on what other cities in Denton County are doing. • UTMB Research Database Ratings (Statewide) — information on what all cities in state are doing. • Municipal Smolcing Ordinances (Restrictiveness) — list of cities restrictions • Municipal Smolcing Ordinances (Alphabetical) — • Current City of Denton Ordinance — Committee member Ryan stated that he did not see "multi-family" in the draft. Need to determine if it will be an exception or not. Is a public area of an apartment complex considered the residence? We don't want to unintentionally put a restriction on apartment complexes by not listing common areas of multi-family. 5. Community feedback on smoking regulations. Balcer stated that she had received quite a few emails and phone calls regarding the smolcing ordinance. Some were against any lcind of ban, while others don't want smolcing allowed anywhere. Chairman Masciarelli asked if she had been contacted by any organized commentary from a particular group. Baker replied that the Smoke free Texas movement provided letters to Council bacic in January. Also was contacted by the American Lung Association and the American Cancer Society with questions on what the City is doing and how we are going about it. Committee member Cheelc stated that she had been in conversation with Myra Crownover and she had received lots of statistics that she wanted the committee to lcnow. She will provide to Balcer to email to the rest of the committee members. 6. Draft Ordinance and recommendations to City Council. The committee discussed how they should voice their opinions. Talcing into consideration how little time they have, should thoughts be sent via email, and then discussed at the next meeting. Should only the top ten concerns be discussed? It was noted that the committee is subj ect to the open meetings act and needed to be careful of side meetings. After further discussion the committee decided to start with Section 14-87 in the Draft Ordinance and select the items they agree with, and then come bacic to the items that will need more discussion. They will loolc at definitions after they have gone through the entire section. The committee also decided to provide Council with information on what the split was and a summary rationale as to why each person voted the way they did. The meeting minutes will be provided to Council as supporting documentation. Regarding "Sec. 14-87. — Smolcing prohibited in certain public places"; the committee decided the following: (a) It is unlawful for any person to smolce or possess a burning tobaccq weed or other plant product in any of the following places: (1) An elevator used by the public; (Committee decision — no argument) (2) Healthcare facilities; (Committee decision — no argument) (3) Any facility owned, operated or managed by the city, including buildings and vehicles; (Committee decision — come back and look at definition of "facility"; and does that include parks or portions of a park? (4) Any retail establishment serving the general public, including but not limited to any department store, grocery store or dnigstore, and indoor and outdoor shopping malls; (Committee decision — this item addresses the interior of buildings. Come back and define what an "outdoor" shopping mall is. Determine the distance you have to be from the store.) (5) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities; (Committee decision — remove "apartment buildings", "condominiums", and "other multiple-unit residential facilities".) (6) Any facility of a public primary or secondary school; (Committee decision — does that include the parking lot or does it just include the building? Come back) (7) Child care and adult day care facilities; (Committee decision — no argument) (8) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; (Committee decision — come back for further discussion) (9) Public libraries, including exterior corridors, waiting areas, and parlcing lots; (Committee decision — remove parking lots; come back to discuss definition of "exterior corridors".) The committee would also like to discuss Bingo Halls. (10) Museums; (Committee decision — no argument) Citizen comments Jennifer Roland — commented that she is a smolcer, but she is in favor of a limited ban. She stated that if 50% of a business' revenue is related to smolcing, they don't want the ban. Need to balance the challenge of the business owner choices and citizen/worlcer choices. If you put the choices of business owners over citizens and worlcers you have to provide some justification for doing so. Have to thinlc about worlcplace safety and worlcer safety. You will have to balance questions of economics and justice. There was a question about possibly having the public comments emailed to the committee to cut down on time. Response was that we have to be sure to lceep the meetings open to the public and hear public input. It will be critical as we go through the process. We want to be able to let Councillcnow that we were open and toolc input from the public and where appropriate, incorporated that into the decision malcing process. Meeting adjourned at 7:36 p.m. C! OCTOBER 25, 2012 MINUTES AD-HOC CITIZEN ADVISORY COMMITTEE ON SMOKING REGULATIONS Attendees Committee Members: Sara Bagheri, Adam Briggle, Scott Campbell, Kathy Cantrell, Pat Cheelc, Mariella Cudd, Judy Jeanes, Chris Flemmons, Emma Fowler, Jennifer Gibbs, Phil Kregel, Nathaniel Lightfoot, Filipo Masciarelli, Jimmy Meredith, Karen Meredith, Juan Rodrigtiez, John Ryan, Jack Thomson Staff: Lindsey Balcer, John Knight, Robin Myles, Desiree Voth Absent: Dan Mojica The meeting was called to order at 6:00 pm Approval of the October 11 minutes was not on the on the agenda, therefore will be approved at the next meeting. L Items of Clarification requested at previous meetings, including definitions of facility, outdoor shopping mall, and exterior corridors. The comnuttee discussed the following three definitions of the term "Facility": 1. Facility — improvements of a vertical nature, including but not limited to buildings, sheds, garages, and stadium stnictures and excluding horizontal improvements such as sidewallcs, streets and parlcing lots. 2. Facility means, unless otherwise specifically provided, an improvement to real property. (See Section 2267.001(3) of the Texas Government Code). 3. Facility — all or any portion of buildings, stnictures, site improvements, elements and pedestrian or vehicular routes located on a site. (See Chapter 11, Accessibility, Section 1102.1, Definitions of the International Building Code 2006). The committee selected the first definition. 2. Draft Ordinance and recommendations to City Council. The committee continued discussion of items in Section 14-87 in the Draft Ordinance with the group going bacic and forth between items (11); (12); (13); (14); (16); (17); (18); and (19). (11) Restaurants; (12) Bars, including a bar within a restaurant; (13) Outdoor patio of a restaurant and/or bar; (14) In or within 25 feet of any door, operable window/vent or other opening to a place where smolcing is prohibited; (16) Bowling alleys and pool/billiard halls; (17) Nightclubs; (18) Polling places; (19) Private clubs and fraternal organization. (11) Restaurants • We need a definition of restaurants. 12 % of our business is food. Would we technically be a restaurant or a bar? • The definition of "Restaurant" in the Draft Model Ordinance reads as follows: "an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located at the establishment". • Another approach that has been taken by some cities is to assign a percentage. One of the tricks to assigning percentage is "how do you compute the percentage. • Without percentages, with food consumption going up and down between 50%, can we get into a gray area that would fall underneath that maj ority? • If we set different standards for restaurant and bar, then yes. If we set same standards for restaurant and bar, then it won't matter. • Could we say if it falls below 50% of sales at any given time, that way we don't have to average sales every year; then we are excluded from being a restaurant. • Anyone who has a TABC license can also get a food and beverage permit. If sign is in red, they sell less than 50% food; if in blue they sell more. • That is not updated regtilarly. They are good for two years. • You have to sell 51% food in order to get a food and beverage permit. But if you sell 51% food, you don't have to get a food and beverage permit; then you would be classified as a bar. • The biggest advantage of going with food and beverage permit is that we won't have to be a private club. We can opt out of the private club license, but still sell mixed beverages. • Don't see the point of malcing alcohol consumption the driving force. I drinlc a lot of alcohol and I don't smolce. • Do we want to make a distinction between restaurants and bars? • The distinction is only important if we decide we are going to apply different standards. • Is anybody opposed to banning smolcing in restaurants? • Yes. It should be the owner's choice. • If every restaurant was non-smolcing, then it's not a decision of going to this place because they are non-smolcing or that place because they aren't, because all of them will be non-smolcing. • Chair read letter from committee member Mojica (see attached). • Can we consider an opt-in and an opt-out. Whoever has opt-out will have a sign on outside of the building that says this is a smolcing establishment. Have a fee associated with it and use it for smolcing education. That would talce care of the owners rights. • I don't agree with any of that. • Maybe we can say this applies to people with more than a certain number of employees. • Over 50% of restaurants in Denton are currently non-smolcing, by choice. • I want to be able to have the option to use my patio as a smolcing venue. The idea of smolcing 20-25 feet away from the door is a problem. I oppose that. • If everything goes non-smolcing, all my business will go to places with patios. P d rather have no smolcing on patios so that Pm on equal playing field, business wise. • Can you drinlc outside your building? • It depends on how you define your space. • If you malce your profit from food, you're a restaurant; if you malce your profit from alcohol you're a bar. • I don't agree with that. • Sweetwater is considered a restaurant with a bar. The way TABC defines it is that the bar rents space from the restaurant. • Should we define restaurants by TABC standards? Is that an accepted standard? • If you are eligible to get a food and beverage certificate, which is 51% or more, then you are a restaurant. • Olcay, so restaurants are TABC standard. • Because they are so intertwined, we should discuss all the food and beverage type establishments (items 12, 13, and 17) before voting on restaurants. • What about wedding halls, party halls, and bingo halls that are not here? • They are fraternal organizations. o John Knight will clarify and bring bacic to the group. o There is also a definition on the "Draft exceptions" list. -"Private clubs and fraternal organizations that do not employ any employees: i. Unless the club is being used for a function to which the general public is invited; and ii. Provided the private club is not established for the sole purpose of avoiding compliances with this chapter." (12) Bars, including a bar within a restaurant • Bars - including a bar within a restaurant is a duplicate to (11) Restaurants. • Strike "including a bar within a restaurant"? • Bars would be considered 51% or more alcohol sales? • You will have a problem with #19. In bars you have to have memberships to sell alcohol. A private club can be a bar in a restaurant. • If you're selling mixed drinlcs in this town you're a private club, unless you're a food and beverage permit holder. 3 • The definition of private club is not cohesive with the TABC definition. • What is the difference between bar vs. private club? • You can have a beer and wine bar and don't have to be a private club. If you sell a mixed beverage you have to be a private club. (13) Outdoor patio of a restaurant and/or bar • I suggest if you are outside and not near where lcids play, then smolcing should be allowed. • Is a filtration system cost effective for businesses? • It only worlcs if you have a closed room completely sealed off. • Very expensive. • There doesn't seem to be a middle ground. • Middle ground is how far you can smolce from the door, patios, and outside bars. 25 feet puts you out across the street. • Owners have rights. • Smolcing is legaL If smolcing is so horrible we should be malcing it illegal. • How many want to allow smolcing in restaurants? — 2 • How many want to ban smolcing in restaurants? — 16 • What about ETJ? • ETJ is subj ect to some city regtilations, but not most. The City's authority is things that deal with rather large health, safety, and welfare issues. When someone gets annexed in; the use is grandfathered in. • Down the road someone might want to have a smolcing bar, so they go 2 miles outside the city limits. Then the City engulfs them in annexation; there goes their business plan down the tubes. • Pd lilce to produce rationale behind the votes. It might be interesting for City Council. • As a restaurant, you're regulated on alllcinds of things having to do with health and safety. Why wouldn't that apply to this case? • As a restaurant, you are providing a food product to people that they consume, and I thinlc that is within the authority of government. There should be some type of regtilation on it. But cigarette smolcing is not really a product for consumption. • Currently there is 5 feet between smolcing and non-smolcing sections. There are no ventilation requirements. It's very limited. • The smolce goes all over. • The business owner should be malcing that decision. C! • Before the civil rights movement business owners could not let a black person in its restaurants. That was wrong, because civil rights are human rights. So is public health. People didn't have the option to go wherever they wanted. So if you're against government regulations because of the business owners rights, there's time a where people go against the status quo and the maj ority spealcs up for the minority. Which in our case is the smolcing/non-smolcing? But the government comes down to fix a problem. And personal liberty was thrown out when they allowed everyone regardless of race to go in. Would you be against that? • Nq but being blacic isn't a choice. Smolcing is. • Me breathing in your smolce isn't. One way to loolc at this is, if you have an establishment, you're a public entity. Anyone can wallc in off the street. You're open to everybody equally regardless of race or anything else. When you do allow smolcing and you do have that environment, that's an environmental hazard for the public that is coming into your facility. That's another way to loolc at it. You're getting a public license to do business. • You're getting into an area of regulating morality; what is good and bad for people. • This is not a private choice. When you puff out that cigarette smolce, its' there. It becomes a public reality. • Is there a middle ground? • We have control of the legislative process in our community. If our legislators above us don't see something has changed, they will do it for us. • I see the middle ground as the 25 feet and the bars and patios. If you don't agree with that, we need to at least find what the middle ground is. (18) Polling places •(18) Polling places; (Committee decision — no argument). • I propose we separate bowling alleys and pool/billiard halls. • Should we add bingo halls to Bowling alleys and pool halls? • How many are against smolcing in Bowling alleys? — 17 • How many are for smolcing in Bowling alleys? — 1 • What are the Pros and Cons of Smolcing in Pool Halls? o Generally people are over age of 18 o Not much food sold or none at all o Definition of Billiard Hall from City of Arlington — a place of amusement whose chief purpose is providing the use of billiard/pool tables to the public for a fee. (14) In or within 25 feet of any door, operable window/vent or other opening to a place where smolcing is prohibited • 25 feet from a door is a long way • There was a motion and a second to remove item 14 from the draft ordinance. The committee voted to remove item (14) 14-4 • There was discussion following the vote to allow 5 to 10 feet. Citizen comments Kay Kamm — I represent the American Cancer Society Action Networlc and we support comprehensive smoke-free work places. Leslie Licon — I live on LTNT Campus. LTNT is considering going fully non-smolcing the beginning of January 2013, which we highly support. I am a reformed smolcer. I fully support Denton going smolce-free. There have been issues raised by owners of bars that are specifically geared toward citizens who just want to go smolce and drinlc, Pm not really sure. When I was smolcing I would have wanted to go to places where I could go smolce and have a drinlc. But I can't go anywhere in this city without going through a cloud of smolce, so Pm opposed to the zero line amendment. I have two lcids, one of whom is a white cane user. So he can't go around a group of people smolcing. He's in a cloud of smolce before he realizes it. Pd say at least 10 feet. Tom Silva — Pm a citizen and have been here 25 years. Pm definitely in favor of a non-smolcing ordinance. A couple of reasons (1) is my children and grandchildren and (2) I am on the board of directors for the American Lung Association. One of the things we lilce to do is malce sure you have everything in your hand that you could possibly need about the smolce-free ordinance. I have forwarded to the City, several articles in regards to the economic impact of the non smolcing ban. Pve sent information to other cities that have gone through the decision malcing process that you are going through. My hats off to you for doing this. It's a good thing that you are doing. You have the future of not only our children, but our grandchildren that you're deciding by helping with this committee. Next meeting is November 15. Meeting adjourned at 7:45 p.m. �� NOVEMBER 15, 2012 MINUTES AD-HOC CITIZEN ADVISORY COMMITTEE ON SMOKING REGULATIONS Attendees Committee Members: Sara Bagheri, Adam Briggle, Kathy Cantrell, Chucic Carpenter, Pat Cheelc, Mariella Cudd, Emma Fowler, Jennifer Gibbs, Phil Kregel, Filipo Masciarelli, Karen Meredith, Dan Mojica, Juan Rodriguez, John Ryan Staff: Lindsey Balcer, John Knight, Robin Myles, Desiree Voth The meeting was called to order at 6:09 pm 1. Consider approval of the minutes of October 11, 2012 and October 25, 2012. Motion to approve the October 11 minutes. Motion passed. 2. Receive a report, hold a discussion, and give staff direction regarding items of clarification requested at previous meetings, including definitions of terms. Was addressed later under No. 3. 3. Receive a report, hold a discussion, and give staff direction regarding a draft ordinance and recommendations to the City Council, including a discussion of a revised draft ordinance. The committee continued discussion of items in Section 14-87 in the Draft Ordinance with the group going bacic and forth between items (11); (12); (13); (14); (16); (17); (18); and (19) of the revised draft ordinance. (11) Restaurants; (12) Bars, including a bar within a restaurant; (13) Outdoor patio of a restaurant and/or bar; (14) In or within 25 feet of any door, operable window/vent or other opening to a place where smolcing is prohibited; (15) Hotels and motels; (16) Bowling alleys and pool/billiard halls; (17) Nightclubs; (18) Polling places; (19) Private clubs and fraternal organization. (14) In or within 25 feet of any door, operable window/vent or other opening to a place where smolcing is prohibited. • Want to malce a motion to revisit the item regarding distance. Would lilce to find a middle ground. • My understanding is that we will vote on this again. Although number 14 is taken out it is not resolved. Right? • We revisited it during the first conversation, that we would table it. • I wanted to request tabling the vote on that and on the patios, because I have to leave. We only have a few restaurant people in this group and it doesn't seem right that we don't get to vote. Those two items affect restaurants and bars in this town. • The way this is posted, the third item on the agenda is broad enough that it covers the entire proposed ordinance "item". So when we get to item 14 you can just jump to 15. • I just want to be assured that there is not a vote held on those two particular items at this meeting. • I can't guarantee that. But the entire document is still alive. Item 14 and any other item is still on the table for discussion until the committee makes a final recommendation to Council on the ordinance. • So at the next meeting we could bring it up and re-vote on it? • Yes, that's my understanding. • Why can't we table it? • The only way you can table it, is to table item 3 and it includes all of the proposed ordinance. • So ultimately, we go down to the final hour on the final day and go item by item and put it to the committee and the maj ority wins? • You can do it that way or someone can make a motion recommending approval of an item. • So the only time it can't be changed is at the last minute of the last meeting. • As long as there is a maj ority vote to open it? • Assuming you have a quonim, it's the majority of the members that are present and voting. • Can we discuss those two items first, so I can leave? • We need to approve the minutes from the last meeting. • Motion to approve the October 25 minutes. Motion passed. • Regarding the 25 feet, we tallced about 5-10. I want zero feet. • I would recommend 10 feet from a main entrance and 5-0 feet at an auxiliary entrance. • 10 feet from an entrance to an office is different from the entrance from a bar or restaurant. 10 feet is still in the street for us. That would lcill our tables and chairs outside. • Who's going to police it? • If you pass it, the practice will be lcnown and people will abide by it. Maybe if you post a sign up. • Pm not comfortable with that. It can't be policed. • It would create the behavior that this is the law and no one wants to get caught. �� • Say the main entrance is past the patiq so the patio becomes smolcing. Does the 10 feet nile apply? • Private entrances vs. public can be zero feet. • Change "a place" to "a property". If your property is on the sidewallc, you're immediately in the city. Then you don't have to worry about people on the sidewallc. You only have to worry if your property is large enough that you have 10 feet for them to wallc away. • If people are wallcing by our front door, they will be in violation. • The wording needs to reflect the actual property. • People wallcing by aren't patrons. • There isn't a way to encompass everyone's particular situation; it's all different. So why can't the owners talce the initiative to put a sign up? • Couldn't we have a 10 foot nile, unless within the 10 feet you are on public property? Because that wouldn't be prohibited anyway. • People going into the restaurant to eat and or drinlc can handle going through smolce to get inside. • I think we should leave it up to the business. • Zero feet is the only tenable thing. • I don't understand why we are trying to tell the city to tell businesses what they have to do when clearly there are 15 different scenarios of what would be good in any situation. • We're here to malce those things permanent and real; the law. • Business offices should probably have different niles than restaurants that will have different niles than daycares that will have different niles from a bar. So why are we going to bring something back that is voted on and put 10 or 20 stipulations on it? Seems like we should just leave it a zero and let each business decide what fits their customers b etter. • 5 feet if a shared wall; 10 feet if you don't. • It's not going to be enforced. I thinlc let the business malce its own nile. • Motion to have # 14 read: "in or within 10 feet of any main door to a place where smoking is prohibited it shall be a defense of prosecution if you are on public property. • Burden of proof is going to be required before this can be enforced. If you malce it a defense to prosecution, the Prosecutor has to prove it didn't happen. • On the defense to prosecution, the defendant would have to prove that an exception applied. If it is an exception, as the prosecutor, I would have to prove that an exception did not apply. • She would have to prove whether or not it was public property. It shifts the burden from the defendant to the prosecutor. • Motion to have # 14 read: "in or within 10 feet of any main door to a place where smoking is prohibited it shall be a defense of prosecution if you are on public property. In favor 2/ against 6. Motion failed. •# 14 was left at zero feet. (12) Bars • Should be up to the business owner to cater to smolcers or non-smolcers. • P11 vote for prohibiting smolcing in bars, but I wonder if we could malce an exception for bars that are 18 years and over. • All bars are 18 years and over. • Are under 18 years allowed to come in? • You have to be 18 to serve, to worlc there. If we did not have a cigarette machine we could let minors in with their parents. • There is some precedent for this type of exception in ordinances. City of Arlington's ordinance under bars says smolcing is allowed only if it is open to or employs persons 18 or older. The same thing goes for the billiard/bowling type facility. City of Hurst has something similar as well. • I suggest that if a facility allows under 18 to come in, then there shouldn't be smolcing allowed. Existing facilities would be grandfathered into that nile. Any facility that currently exists that allows 18 and over to come in and smoke and no one under 18 allowed, then they can keep their smolcing status. • So are you saying if someone opens a bar that is 18 and over he has to be nonsmolcing? • Motion to ban smoking in bars. In favor 5— against 8. Motion failed. • Motion that any facility that is 18 and over will be allowed to continue smolcing; but no new facilities be added to that list. • Agree to that without the grandfathering condition. • It gives existing bars an unfair marlcet. • Motion that any facility that is 18 and over can allow smoking. In favor 7/ against 6. Motion passed. (13) Outdoor patio of a restaurant and/or bar. • Should be excluded from the ban. • What is definition of patio? • So you want #13 to just read "Outdoor patio of a restaurant"? • Restaurants have people 18 and under. • Motion to allow smoking on patios. In favor 10 / against 3. Motion passed. C! • Motion to prohibit smoking on "restaurant" patios. In favor 8/ against 4. Motion passed. • I thinlc you're going to hurt restaurants by doing that. Now you're telling smolcers they can't go eat inside and enj oy themselves or outside. • You can step outside the door. • I just won't go. Karen Meredith left the meeting. • At the last meeting we did not discuss the definition of exterior corridors or outdoor shopping malls. The committee discussed the definition of "exterior corridors". Corridor — an enclosed exit access component that defines and provides a path of egress travel to an exit. • When we're tallcing about motels, where there is no smolcing inside, do we just consider the whole facility private and don't touch that definition? How do we address that? • The intent was to loolc at what an exterior corridor would constitute, particularly with regard to Emily Fowler Library. When you exit there is a long exterior corridor. The intent of that in this draft would be to prohibit smolcing within that area. • Delete the word "enclosed". • Right now at Emily Fowler smolcing is allowed after you get outside the front door. About 10 or 15 feet from the front door they have a bench where people sit and smolce. If this is enforced smolcing will not be allowed. So is the intent to malce the Library smolce free? • Yes. The interim library director came to me with concerns of people smolcing outside the building. They have a very difficult time enforcing that, because it is not part of an existing ordinance. They wanted the committee to consider it. That's why we put in the draft ordinance. It would be up to the committee to lceep it in there or remove it. • The issue is that a lot of the people that are around the library and in the parlc are homeless. The police are ninning the homeless out of the parlc, which means they are moving from the parlc and from under the bridge to your store fronts and other areas that they are allowed to smolce. • We already voted on # 9. • Leave it as is. The committee discussed "Outdoor shopping malls" — • There was some confusion about whether that would be something lilce Rayzor Ranch, or Denton Crossing. • The discussion was could you smolce in the parlcing lot of those stores, lilce Best Buy. • We should remove "outdoor shopping mall" from #4. • Are we going to take out everything behind "including" and just leave "Any retail establishment serving the general public"? • My concern with that is we are a wine shop and a wine bar. We sell wine retail; we are a retail establishment. Which the City classifies us as. • Retail establishment is broad. • If we say "any retail establishment", the committee may want to consider exceptions that would include the tobacco shop and things lilce that. • We could say "retail establishments, "except those in which the code authorizes smolcing to occur" or "except those permitted by this ordinance". • Motion to remove language in #4 to say "Any retail establishment serving the general public except those permitted by this ordinance. In favor 13 / against 0. Motion passed. • I propose that we remove (19) Private clubs and fraternal organizations and allow them to malce their own smolcing policy. • Are we including bingo or is bingo different? • Bingo is open to the public. • They are usually nin by charities. • Instead of not including that langtiage, say they are exempted so that people who nin those clubs willlcnow. • We should do that with the bars and patios. • Motion that private clubs and fraternal organizations are exempt from this ordinance. In favor 9/ against 3. Motion passed. (14) Hotels and motels • Some allow maximum number of smolcing rooms. • Do we need to address it from the public areas of hotels, not the rooms? • Public indoor areas should be non-smolcing; lobby, dining rooms. • Motion that # 14 be indoor public areas of hotels and motels. In favor 13 / against 0. Motion passed. • What about bed and brealcfasts? • Most are already non-smolcing. (15) Bowling alleys and pool/billiard halls �� • Motion to ban smoking in bowling alleys. In favor 7/ against 5. Motion passed. • We never clarified bingo last time. • Bingo is not in the draft ordinance. As it is currently written, smolcing is allowed, unless the committee votes to bring that to add it to the draft ordinance. • Does bingo allow under age 18? • Yes. • Bingo halls are a charity; you're messing with their money. The majority of the people are smolcing. • That's not tnie. There is more non-smolcing than smolcing. • My parents volunteered to raise money for our hockey teams by hosting bingo events. They are not smolcers, but they spent their time huffing in hour's worth of smolce to raise money for us. That is the reason Pm about to vote to ban it. • Motion to add bingo halls to the draft ordinance and then ban smoking in bingo halls. In favor 8/ against 4. Motion passed. • I would like to include in that "unless they split the room for smokers and non-smokers". Have two separate rooms. • A lot of bingo places in Dallas closed down when they banned smolcing. My concern is that they are charities and they are raising money. • It would need to be an effective barrier. • The Denton could be split down the middle. They already have two separate entrances. • This is own the property of the North Texas State Fair Association. Does that fall under fraternal organizations? Is the bingo a contract or a profit for the fair? • We should table this and see who owns the bingo hall. Jennifer Gibbs left the meeting. Citizen Comments Kay Kamm — I am the Field Director for Government Relations for the American Cancer Society, Cancer Action Networlc. Our position is that all public locations where there is an employee should be smolce free. The only way you can tnily protect worlcers and patrons and public health is by ensuring that they are in environments that are 100% smolce free. People say it talces a long time for cancer to develop; and that's tnie. But all the studies show that it has an immediate effect on respiratory incidence and cardiac incidence. Those can be prevented very quicldy by reducing the amount of smoke someone is exposed to in a public location. Your discussions are not unlilce the many others I have been through. We urge all of you to loolc at this from the viewpoint of the worlcer. Aslc yourself is damaging their health worth exposing them to cigarettes, and is it worth the cost to their families; to the community. You don't want to pit one business against another. Enforcement worlcs over time. The best thing to do to protect 7 public health in your community is to eliminate smolcing in public places and public workplaces. I would also tell this on the side; no one is attempting to "ban" smolcing. It really is the regtilation of the place of smolcing. Smolcing is still allowed. It's a matter of where you allow it. Next meeting is November 29. Meeting adjourned at 7:40 p.m. E:3 DECEMBER 3, 2012 MINUTES AD-HOC CITIZEN ADVISORY COMMITTEE ON SMOKING REGULATIONS Attendees Committee Members: Sara Bagheri, Kathy Cantrell, Pat Cheelc, Mariella Cudd, Chris Flemmons, Emma Fowler, Jennifer Gibbs, Judy Jeanes, Phil Kregel, Nathaniel Lightfoot, Filipo Masciarelli, Karen Meredith, Dan Mojica, Juan Rodrigtiez, John Ryan, Jack Thomson Staff: Lindsey Balcer, John Knight, Robin Myles The meeting was called to order at 6:05 pm 1. Consider approval of the minutes of November 15, 2012. Motion to approve the November 15 minutes. Motion passed. 2. Receive a report, hold a discussion, and give staff direction regarding items of clarification requested at previous meetings, including definitions of terms. No discussion. 3. Receive a report, hold a discussion, and give staff direction regarding a finalized draft ordinance and recommendations to the City Council, including a discussion of a revised draft ordinance. The committee continued discussion of items in Section 14-87 in the Draft Ordinance; specifically items (11); (12); (13); (17); (19) and (20) of the revised draft ordinance. (11) Restaurants; (12) Bars, except as otherwise permitted in this Article; (13) Outdoor patio of a restaurant; (17) Nightclubs; (19) Bingo Parlors; and (20) Public transportation vehicles, including buses and taxicabs, and ticicet, boarding, shelter, and waiting areas of public transportation facilities, including bus, train, and airport facilities. • Pd lilce to move to reopen the vote on the motion that any facility that is 18 and over can allow smolcing so I can give my input. • Since this is our last meeting, we'll go through each item and see if we are all in agreement and then we can open up items for discussion if we all agree. • Pd lilce to motion to ban smolcing in all restaurants and bars; and leave the outdoor patios and accesses alone. • So to clarify, it would be all bars with no exceptions for 18 and over? • Yes • I wasn't able to be at the last meeting. Pm curious how you all came to those decisions. • The only difference in what Pat said is we voted that if it is only a bar and had a regtilation that you had to be 18 and over to be in a bar, then you could smolce; the owner could malce the determination whether it was smolcing or not. Also we voted that there could be no smolcing on patios at restaurants. • I have loolced at the statistics in places where smolcing has been banned and it is worlcing very well and not losing business. I sent material from Myra Crownover and no one has admitted to me that they read it. • I also sent material that shows why smolcing bans are unnecessary. • I thinlc we are dropping the ball when it comes to special events lilce concerts, art exhibits, and theatrical performances; things that might be held at a bar or facility that is 18 and over. Dan's is the only place in Denton I can go to when I want to go see a concert. I have a lot of friends that play in bands. We don't go anywhere in Denton because they allow smolcing. There needs to be something to protect not only our citizens, but potential artists from getting discouraged and avoiding Denton. • That should be a choice that the musician malces. We don't have art exhibits and shows at Dusty's. • If you want to have the choice that you don't have shows, that's fine, but I thinlc special events should be non-smolcing. • There is exposure to people who worlc in these places and it's a health rislc. • Any place that is enclosed and open to the public should be non-smolcing. Smolcing bans cut the number of heart attacics and strolces. I thinlc it's really critical to health. Any place outside, lilce a patio is fine. • What do you thinlc about businesses whose primary income comes from tobacco; where people are actually going there to smolce tobacco? • I thinlc all of us would agree that we would malce an exception for businesses that primary purpose is for people to come and smolce. • Motion to ban smoking in all restaurants and bars; and leave the outdoor patios and accesses alone. In favor 6/ against 10. Motion failed. • What is definition of open patio? • Granbury's definition of open air says "no solid fencing of any type or any degree surrounding the seating area of the patio. The exemption would apply only to decorative open air fencing, such as wrought iron, slats or lattice, which would allow for greater than 50 percent light and air penetration. • Motion to define open air patios as "no solid fencing of any type or any degree surrounding the seating area of the patio. The exemption would apply only to decorative open air fencing, such as wrought iron, slats or lattice, which would allow for greater than 50 percent light and air penetration surrounding the patio area." In favor 16 / 0 against. • Motion to allow smoking on open air patios at restaurants and bars, but disallow on closed patios. In favor 15 / against 2. Motion passed. • Pd lilce to motion for any establishment, no smolcing allowed indoors unless profits comes from 50 percent more tobacco. • Pd like to motion to allow smolcing in facilities with 50 percent or more profit coming from tobacco. • How are you going to determine what 50 percent profit or more is? • Can you give a little insight of the economics of ninning a hoolcah bar? • It depends on the hoolcah bar. Jasmines sells food. If they sell 50 percent or more food, under our definition, they would be a restaurant. • In our draft exceptions to the model ordinance, no. 3 says "to not prohibit smolcing in tobacco shops, tobacco bars and cigar bars." We have definitions of tobacco shop, tobacco bar and cigar bar, based on model legislation and other city ordinances that have already been in effect. • Motion to allow an exception for smoking in enclosed areas if it is a tobacco shop, a tobacco bar, or a cigar bar as defined in the draft model ordinance. In favor 13 / against 3. Motion passed. • Motion to ban smoking indoors if you serve anything to the public. In favor 7 /against 9. Motion failed. • Motion to ban smoking in bars that allows 18 and over. In favor 7/ against 8. Motion failed. At the November 15 meeting, the committee voted to include bingo halls in the ordinance, and then voted to ban smolcing in bingo halls. Following that, there was some discussion to bring the item bacic for more discussion at the next meeting; and there was a suggestion to contact Nancy to get more information on how Denton's bingo hall might be affected. A representative from Denton's bingo hall made a presentation. Nanci Kimmey, with Texas Bingo spolce — we are open seven days a weelc. We have two sessions per night; average between 75-100 people per session. We have a specific smolcing and a specific non-smolcing area. Both areas are enclosed. In the smolcing area we have spent $14- $15 thousand dollars on a Honeywell System which is a purifier, and it is a smolce removal system. We support five different charities, and they are all 501(C)3. Our charitable contribution to those charities is about $175,000 annually. Because of what we have been able to give, four of the charities have added new scholarships. The charities are: Denton County Livestocic Association, which raises about $300,000 annually on their youth sale for youth projects in Denton County; North Texas State Fair Association; Fair 2000; Ellcs Lodge; and the Blue Ribbon Club, which is a supportive group of Denton County Livestocic Association, and they give out up to 15,000 in scholarships. With the money that is raised through the bingo hall we are able to support five charities and write 6-7 scholarships. With the 75-100 people per session, we estimate that 70-75% smolce. If smolcing was banned we would more than lilcely lose business enough that we would close down. That would be devastating to the charities. Age 8-18 is allowed in the non-smolcing area if accompanied by a parent. 9 out of 10 times they are outside playing. According to the niles of the Texas Lottery Commission, if you are between ages 8-18 you are allowed to come into a bingo hall. We are aslcing to continue with the exception for our charities and for the revenue that is created for Denton County. To be clear, the North Texas State Fair is separate from this. This is a unit tnist, and is a complete separate business. • Is there an exception for bingo? • Based on the vote from November 15 currently there is no exception for bingo. • P d lilce to motion to malce an exception for bingo. • I attend bingo and there are more non-smolcers than smolcers. The people that are spending the money are non-smokers. There is one big room, with smolcing on one side and non-smolcing on the other side. The smolce is so strong; the air conditioning system is not good. There are children there, you see babies, 3 year olds; entire families going there. On Saturday's they serve alcohol. So I don't thinlc if you ban smolcing at bingo people are not going to show up. • I used to go when I was in college. A lot of the audience is the same type of follcs who go to these private establishments, like VFW, that we are giving an exception to. We ought to treat them the same as fraternal organizations. • Except you don't see many children at VFW halls. Many of the VFW's are not allowing smolcing and are encouraging non-smolcing. • P d lilce to offer a friendly amendment to the motion that there be a filtration system and a barrier lilce a glass wall or something, to separate a smolcing and non-smolcing section. If another bingo facility opened up, they would be required to put in a filtration system and a barrier. • Some cities offer a grandfather clause, where they give a term before malcing something effective. Allow the organization time to build up funding to be able to put the barrier in. • Would it be acceptable to ask the lady from bingo to come back to touch on this? • If the majority of the committee wished to reopen the public comment part of the agenda, that could be done. But there could not be any two-way communication. Nanci Kimmey, with Texas Bingo spolce - Concerning smolcing vs. non-smolcing our statistics have shown there are 70% smolcers. Some sessions are more smolcing and some are not. In regard to a barrier system, we do have the Honeywell purification system. It is open; it's an east wing and a south wing. There is a mezzanine area where the bingo caller is. In order to put a closed obstniction there so that all the smolce stayed in the south wing, would cost tens of thousands dollars, we would have to go through the channels of the Texas Lottery commission. When you call the number both sides have to hear it simultaneously and exact. With any lcind of barrier you're not going to have that. In order to implement that type of a system we would have to totally redo everything and it would talce a lot of money. • Motion to allow exception for bingo halls to allow smoking. In favor 8/ against 9. Motion fails. • Part of the point of having laws in predictability. When you add law, after law, after law, it is impossible to lcnow how the niles and regulations interplay with each other and predictability is completely loss and in my opinion is cnimbling foundation of jurispnidence. C! • Motion to allow smolcing in bingo halls if they separate by barrier. • And give them three years to build the barrier. • There has to be a physical barrier. • A separate wall; and ventilation system. • What about the caller. • They can use spealcers. • There is an intermission, so all the smokers can go outside and smoke. There are children there at night and they are unsupervised. • That's a parenting issue. • Motion to allow smoking in bingo halls if they separate smoking and non-smoking with a barrier and give them three years to construct the separate barrier. In favor 9/ against 8. Motion passes. (20) Public transportation vehicles, including buses and taxicabs, and ticicet, boarding, shelter, and waiting areas of public transportation facilities, including bus, train, and airport facilities. • The A-Train waiting area is outside. They could smolce, they're outside. But if they're in an enclosed place I would be for non-smolcing. • We could change that to "enclosed" waiting areas. • Are taxicabs public companies or private? • They are private. • I see taxis say smolcing on the side. • I would lilce to see taxis talcen out of that lump, because they are individually owned and let them choose whether they are smolcing or non-smolcing. • So no smolcing in any enclosed waiting areas and no smolcing in any of these means of transport with the motion to exclude taxi cabs. • Motion to add "enclosed". In favor 15. Motion passed. • Motion to exclude taxi cabs. In favor 10 / against 5. Motion passed. (17) Nightclubs • Motion to strike nightclubs. Motion passed unanimously. Section 14-88 - Smolcing prohibited in places employment. (a) It is unlawful for any person to smolce or possess a burning tobaccq weed or other plant product in places of employment, except as provided in Section 14-89 of this ordinance. • So a person who smolces couldn't talce cigarettes in their purse into their job? • A burning tobacco is a cigarette, a non-burning tobacco is dip. So the way it reads you could be against the law for merely possessing cigarettes. � • That's not the way I read it. It means "lit" tobacco. • Can we change the word "burning" to "lit"? • Motion to change the word "burning" to "lit". Motion passed unanimously. The presentation of the Committee recommendation to Council will be on December 11. The Public Hearing will be on December 18. Council consideration will be on December 18. Meeting adjourned at 7:45 p.m. �� EXHIB�T 8 s:l[egaRour documenESlardinancesl] 2lsmoking regi�lations ordinance.doc ORDiNANCE NO. AN ORDINANCE O�' THE CITY OF DENTON, TEXAS REPEALING ORDINANCE 86-69, ORDINANCE 93-193 AND CHAPTER 14 ARTICLE IV (SM4KING} O�' THE CODE OF ORDINANCES, AND ANY OTHER ORDINANCE IN CONFI,iCT HEREWITH; DESIGNATING PORTIONS OP CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING NOTIFICATION REQUIREMENTS; PROHIBITiNG SMOKING iN DESIGNATED NONSMOKING AREAS; PROVIDING EXCEPTIONS; PROVID]NG PENALTIES; PROVIDiNG A SEVERABILITY CLAUSE, PROVIDING FOR REPEAL {�F ANY ORDINANCES IN CONFLICT HEREWiTH; AND PROVIDING FOR AN EF�ECTIVE DATE. WHEREAS, the City Council of #he City af Denton recognizes that the smoking of tobacca, tiveeds or other plant pi•oducts has been dernonst�•ated to have a detrimental effect on not only the smoker but others in close proxirnity to the smokei; and WHEREAS, the City Council determined it to be in the p��blic interest ta eonsider the passibility of enhancing the City's sniolcing regulatiojfs; and WHEREAS, the City Council er�listed the assis#ance of an ad-hoc citizen's ad�iso�y cammittee to review smoking �•eguiations in Denton; and WHEREAS, this cotnmittee met on 4ctobe�• 11, October 25, No�ember 15, and Decetnber 3, 2012; and WHEREAS, this committee has fa-warded eertain recommendations rega�•ding sxnoking regulations to #he City Council for consideration; ar�d WHEREAS, the City Council is appreciative of the �vork of this committee, and finds it in the public interest ta enact �nhanced smoking reg��Iatians in #he City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, Definitians. The fallo�ving words, terms and ph�•ases, when used in this ordinance, shall have t�e �neanings ascribed to them in this section, except where t�e context clearly indicates a different meaning: I3ar Ineans an enclased indoor establishment that is open tn the pubiic and is devoted p�•imarily to the sale and se��vice of alcoholic beve��ages for on-premises cansumptian. Binga �arlor• means an esiablishment owned, operated, or ad�ninistered by a person o�• entity licensed ar pei•mitted by the State of Texas pursuant to V.C.T.A., Oce�ipations Code, Chapter 2�01. Page 1 of 6 s:Alegal\our documents\ordinances\12 �smolung regulaiions ordinance.doc Ciga� Ba� means an establishment used primarily for the sale of cigar and cigar-related products and in which the serving of alcoholic beverages are incidental to such retail operations. Eniployee means an individual in the service of another under a contract of hire, whether express or implied, or oral or written, for direct or indirect monetary wages or profit, or an individual who volunteers the individual's services for an employer. Eniploye� means a person or entity who uses the services of another under a contract of hire, whether express or implied, or oral or written, or uses the volunteer services of one or more individuals. Facility means improvements of a vertical nature, including, but not limited tq buildings, sheds, garages, and stadium stnictures and excluding horizontal improvements such as sidewallcs, streets and parlcing lots. F�ate�nal O�ganization means a non-profit organization that: (1) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (2) operates under a lodge system with a representative form of government; and (3) is organized for the exclusive benefit of the members of the organization and their dependents. Healthca�e Facility means an office or institution in which care or treatment is provided for physical, mental, or emotional diseases or other medical, physiological, or psychological conditions. Ope�ato� means the owner or person in charge of a public place or place of employment, including an employer. Open-ai�ed Outdoo� Patio means a patio that has no solid fencing of any type or to any degree surrounding the seating area of the patiq the exemption being decorative open-aired fencing (such as wrought iron, slats or lattice worlc, which would allow for more than 50 percent light and air penetration) surrounding the patio area. Any outdoor patio area encased with one or more solid walls or partial walls extending vertically, excluding the solid wall of the bar or restaurant shall not be included in the exemption. Place of Eniploynient means an enclosed facility under the control of a public or private employer, including, but not limited tq worlc areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, constniction areas, and temporary offices. This definition does not include such outdoor areas as constniction sites, parlcing lots, or designated smolcing areas, or any area where smolcing is specifically allowed under this ordinance. P�ivate Club means an organization that owns, leases, or occupies a building used exclusively for club purposes at all times and: Page 2 of 6 s:Alegal\our documents\ordinances\12 �smolung regulaiions ordinance.doc (1) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; (2) sells alcoholic beverages only incidentally to its operation; (3) 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; (4) has established bylaws or a constitution to govern the club's activities; and (5) is exempt from federal income taxation under Section 501(a), Internal Revenue Code, as a club described by Section 501(c) (7) of that code. Public Place means an enclosed area the public is invited or allowed to enter. Restau�ant means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located within the establishment. Retail establishnient means any establishment which primarily sells goods and/or services to the general public. ,Snioke�;Snioking means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smolcing equipment, containing tobaccq weed, or other plant product. Tobacco ,Shop means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. Tobacco Ba� means a business that: (1) holds a permit under V.C.T.A., Tax Code, Chapter 155; and (2) holds an alcoholic beverage permit or license issued under V.C.T.A., Alcoholic Beverage Code, Chapters 25, 28, 32, or 69, or under V.C.T.A., Alcoholic Beverage Code, Section 11.10. SECTION 2. Smolcing prohibited in certain public places. (a) It is unlawful for any person to smoke or possess a lit tobaccq weed or other plant product in any of the following public places: (1) An elevator used by the public; (2) Healthcare facilities; (3) Any facility owned, operated or managed by the city; (4) Any vehicle owned by or under the control of the city; (5) Any retail establishment serving the general public except as otherwise permitted in this ordinance; Page 3 of 6 s:Alegal\our documents\ordinances\12 �smolung regulaiions ordinance.doc (6) Lobbies, hallways, and other common areas in retirement facilities and nursing homes; (7) Any facility of a public primary or secondary school; (8) Child care and adult day care facilities; (9) A privately owned theater auditorium, movie house, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event; (10) Public libraries, including exterior corridors, and any area within 30 feet of any public entrance; (11) Museums; (12) Restaurants; (13) Bars, except as otherwise pernutted in this ordinance; (14) Lobbies, hallways, and other indoor public areas in hotels and motels; (15) Bowling alleys (16) Pool/billiard halls; (17) Polling places; (18) Bingo Parlors, except as otherwise pernutted in this ordinance; and (19) Public transportation vehicles, including buses and trains, and enclosed facilities in support of public transportation such as ticicet, boarding, shelter, and waiting areas. SECTION 3. Smolcing prohibited in places of employment. (a) It is unlawful for any person to smoke or possess a lit tobaccq weed or other plant product in places of employment, except as provided in Section 4 of this ordinance. (b) An employer shall communicate this prohibition to all prospective employees upon their application for employment. SECTION 4. Smolcing not prohibited in certain places. (a) Notwithstanding any other provision of this ordinance, the following areas shall not be subject to the smolcing restrictions of this ordinance: (1) Private residences, except when used as a child care, adult day care, or health care facility; (2) Personal vehicles; Page 4 of 6 s:Alegal\our documents\ordinances\12 �smolung regulaiions ordinance.doc (3) Private clubs and fraternal organizations; (4) Open-aired outdoor patio of a restaurant or bar; (5) A bar that does not allow admittance or employ persons under the age of eighteen (18) years; (6) Bingo Parlors which provide a solid physical barrier to separate the non-smolcing section. Any existing bingo parlors shall have three (3) years from the effective date of this ordinance to constnict such barrier; and (7) Tobacco shops, tobacco bars, and cigar bars. (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section, may declare the entire establishment or facility as a nonsmolcing establishment. SECTION 5. Signage. (a) The owner or person in control of an establishment in which smolcing is prohibited by this ordinance shall: (1) Post a conspicuous sign at the main entrance to the establishment that shall contain the words "No Smolcing, by City of Denton Ordinance" and which includes the universal symbol for no smolcing, or other language that clearly prohibits smolcing; and (2) Remove all ashtrays from any area in which smolcing is prohibited. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 7. Penalties. Any person violating this ordinance shall, upon conviction, be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). SECTION 8. Ordinance 86-69, Ordinance 93-193, Chapter 14 Article IV (Smolcing) of the Code of Ordinances, and any other ordinance in conflict herewith are hereby repealed. SECTION 9. This ordinance shall become effective fourteen (14) da�Ts from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reco�d-Ch�onicJe, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 5 of 6 s:Alegal\our documents\ordinances\12 �smolung regulaiions ordinance.doc PASSED AND APPROVED this the day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY I: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I: MARK A. BLJRROUGHS, MAYOR Page 6 of 6 AGENDA INFORMATION SHEET AGENDA DATE: December 11, 2012 DEPARTMENT: Planning & Development ACM: John Cabrales �� SUBJECT Receive a report and hold a discussion regarding an Update on Citizen Advisory Committee for the Comprehensive Plan rewrite. BACKGROUND At the September 19, 2012 work session, City Council gave staff direction on the selection process and the composition of the Citizens Advisory Committee (CAC) along with their duties and responsibilities in association with the Denton Plan update. In summary, the CAC will be comprised of approximately 26-34 members that generally represent the interests from across the City and Extraterritorial Jurisdiction. Each interest group has a select number of positions on the CAC and will be appointed by the City Council. Of the (15) fifteen noted interest groups, Staff has contacted the (8) eight Boards and Commissions and received confirmation of their willingness to participate. Staff has also reached out to the (3) three institutional use: Denton Independent School District, Texas Woman's University, and the University of North Texas to request their participation and provide a staff person in this effort. In order to assist Council in the appointments to the (5) five Neighborhood positions, staff created an online application and solicited applications from the public. The City received a total of 45 applications from the community to be considered for the five (5) positions. This information was forwarded to Council in an Informal Communication on October 19, 2012. The submitted applicants have a variety of bacicgrounds and interests and would bring a host of perspectives to the CAC. Although five (5) Council appointments will be made from this group, the bacicgrounds of several applicants could serve in other positions. At this time, staff has received some City Council appointment recommendations, but not all. In our discussions with community members and through the CAC application process, it has become clear that the volume of Denton stalceholders interested in a leadership role in the Denton Plan update could not simply be accommodated by the CAC. Although the CAC will still provide policy feedback for the update at key decision points, staff has created an additional venue for citizens to engage in a leadership role in the Denton Plan 2030 update through becoming a Denton Plan Ambassador (DPA). DPAs will have the opportunity to networlc with the CAC as a messenger and representative for the community. The role of a DPA will be to discuss the current status of the comprehensive plan update, bring feedbacic to the group and staff for discussion, and talce information to the community to lceep them engaged and informed. Agenda Information Sheet December 11, 2012 Page 2 The Denton Plan Ambassador is also a format that can encourage Denton's youth to participate in this process. The DPA opportunity can be as much as the student wants to contribute as long as the minimum requirements are met. There is no maximum number of DPAs it is an open group of active community members; the only requirement for DPA designation is that the community member attend a brief orientation, only miss a maximum of two meetings thereafter, and sign-up to carry out the DPA objectives. The group is flexible enough to allow for youth creativity in how they participate and in what capacity. City staff is available to help encourage leadership and participation in DPA through a stnictured yet open channel of conversation and regtilar meetings. DPAs will have meetings on a bi-monthly basis (on opposite months of the CAC) and attend community festivals and events to carry out the DPA functions. For elementary school age youth, DPAs can assist staff in reaching out through fun activities like Denton Plan scavenger hunts and art contests at the Community Fonims to capitalize on the unfettered creativity of the younger generations while teaching them the importance of participating in municipal government. DPAs can also assist with the upcoming Community Fonims during the exercises to provide informed perspectives on the Plan content and update process to their peers in the community. EXHIBITS 1- Denton Plan Update Citizen Advisory Committee Membership 2- Neighborhood Interest Citizen Advisory Committee Applicants by Council District Prepared by: �" � �� a � � �,. ,��� � r ����" ��'�,���� ��� � '� a'''r p,� r � Brian Locldey Interim Director Planning and Development Submitted by: ���-�- � John Cabrales Assistant City Manager Exhibit 1 Denton Plan Update Citizen Advisory Committee Membership Cit Advisor Committee Members Pers ective Membershi Potential Member 1. Existing Boards and Specific area of expertise Up to 8 1. Airport Advisory Board Commissions 2. Community Development Advisory Committee 3. Denton Housing Authority 4. Historic Landmark Commission 5. Parks, Rec, and Beautification Board 6. Planning and Zoning Commission 7. Public Utility Board 8. Traffic Safety Commission 2. Denton Plan (1999) Historic Knowledge 3 TBD Members 3. Development Development/Land Use 1 TBD Communit 4. Chamber of Commerce Economic Develo ment 1 TBD 5. Neighborhood Neighborhood Interests 5 TBD Associations* 6. Environmentallnterests Environmental 2 TBD Protection/Sustainabilit 7. Institutional Uses (DISD, Maintain existing programs 3 DISD UNT, TWU) and growth TWU UNT 8. Denton County Transportation 1 TBD Trans ortation Authorit 9. Denton County County Government 1 TBD 10. Denton Downtown Central Business District 1 TBD I nterests. 11. Ed e Cities/ETJ Local land use 3-4 TBD 12. Bicycle/Pedestrian Speciallnterest 1 TBD I nterests 13. Lar e Landowner S ecial Interest 1 TBD 14. Business Interests Special Interest 1 TBD small 15. Business Interest Special Interest 1 TBD Lar e Total Members 26-34 *One member each from the four respective City Council Districts. The Mayor and At-Large Councilmember's will also recommend an appointment from the total list. Exhibit 2 Denton Plan 2030 Citizens Advisory Committee Applicants by City Council District *Nunibe�s do not constitute �anking. District 1 1. Marlc Coomes 2. Stephen Lingrell 3. Michelle Bradley 4. Brad Koehn 5. Josh Berthume 6. Willie Hudspeth 7. Dorothy Minter District 2 1. Anthony Marlcs 2. Tara Mills 3. Will Milne 4. Dieter Gaupp 5. Bill Coleman 6. Rob Rayner 7. Esther Rodrigtiez-Phelps 8. Andy LaViolette 9. James Griffith 10. Kelly Pound 11. Heidi Lamberrt 12. Marshall Surratt 13. Scott Campbell 14. Steve Yount 15. Edison Coolc 16. Carmen Grant 17. Cheylon Brown District 3 1. Alex Lieban 2. Jeanne Jacobs 3. Jennifer Lane 4. Fran Witte 5. Paul Lehrer 6. Amber Briggle 7. Jan Johnson District 4 1. Jchon Paradise 2. Hunter Bonner 3. Jason Bodor 4. Agnes Klymiulc 5. Dawn Paradise 6. Brandy Cherry 7. Phil Kregel 8. Christopher Fair 9. John Habern 10. Rhonda Love 11. Jerry Cheatham 12. Yolanda Vela Other/ETJ 1. Rilci Young 2. Janelle Burch AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 11, 2012 City Manager's Office John Cabrales, Jr. !� � SUBJECT Receive a report, hold a discussion and give staff direction regarding the 2013 State Legislative Program of the City of Denton for the 83ra Texas Legislature, including lcey legislative issues and strategies. BACKGROUND The 83r Regular Session of the Texas Legislature begins January, 8 2013. As we prepare for the session, we need to compile our lcey legislative issues for our 2013 State Legislative Program. In the past, our program has consisted of issues we anticipated the Texas Legislat�ire would consider. These issues primarily relate to state initiatives that could impact city finances, regional transportation, utility issues, and public safety issues. Each new session of the Texas Legislature customarily sees an increased number of city-related bills filed, with the majority proposing impediments to the ability of cities to govern from a local perspective. For the 82"a Regular Session of the Texas Legislature (2011), legislators filed 6,303 bills, and over 1,500 were city-related. For the last several sessions, legislative leaders have continued to file and support bills that would lower or broaden the current cap on annual increases in property tax appraisals, impose a local revenue cap, enact costly unfunded mandates, or erode municipal authority to conduct local affairs. As Denton continues to grow, our legislative exposure continues to increase with potentially greater negative impacts to our budget, and more importantly, on our ability to deliver services in the best interest of our citizens. As we enter the 83ra legislative session, one of the biggest concerns for cities is that the legislature will pass unfunded mandates to local governments as they loolc for ways to move legislation without having a negative financial impact to the state. A good example of the negative impact of unfunded mandates is the approximate $250,000 in lost annual drainage fee revenue that the City is unable to collect from state agencies and public universities due to a legislative exemption. Another concern is that the legislature will loolc for additional ways to turn cities into collection agents for the state. Municipal courts in Texas are a good example because over the years the legislature has added numerous fees to speeding ticicets. In fact, today, the first $82 collected must be submitted to the state to fund various state programs and the state general fund. Another example, and one that we anticipate as having to address, are water tap fees that the state may attempt to impose in order to help fund the State Water Plan, which is minimally funded and in dire need. The City would be required to collect the fees, just lilce the municipal court fees, and remit them to the state. ADA/EOE/ADEA �ti��ti��ti�.c�i��cs�cle��ics��.ccs��� (TDD 800-735-2989) During the 82"a Texas Legislature Interim Session, numerous "interim charges" were given to the legislature by the Spealcer of the House and the Lt. Governor to study and report bacic to the House and Senate members. Typically, these studies identify possible legislative actions relating to such topics and often result in the filing of bills in the next regular legislative session. Several of these interim charges have the potential of impacting the City of Denton, including issues that could negatively impact Denton Municipal Electric (DME) and its rate payers. Attached is the draft 2013 State Legislative Program. Staff has worked with the Texas Municipal Leagtie (TML), the TML Big City group, our legislative consultants, and other cities to identify these legislative issues of interest to Denton. The adoption of this program allows City representatives to worlc with state legislators on supporting and opposing legislation that that will accomplish our goals. It also gives city representatives the ability to react quicldy to proposed legislation and authority to enter testimony on behalf of the City regarding these issues. OPTIONS 1. Adopt the 2013 State Legislative Program at the December 18 Council meeting as presented. 2. Amend the 2013 State Legislative Program and request staff to bring bacic for consideration at the December 18 Council meeting. RECOMMENDATION 1. Adopt the 2013 presented. State Legislative Program at the December 18 Council meeting as EXHIBITS 1. 2013 State Legislative Program 2. Resolution for consideration to approve the State Legislative Program Respectfully submitted: ��� �_. �- _ .�._.._ Lindsey N. Balcer Assistant to the City Manager Intergovernmental and Media Relations ADA/EOE/ADEA �ti��ti��ti�.c�i��cs�cle��ics��.ccs��� (TDD 800-735-2989) City of Denton 2013 Legislative Agenda 83rd Texas Legislative Session City� of Danton 201> State Legialati� e Program Page 0 TABLE OF CONTENTS L City of Denton Mayor and Council Contact Information 2 IL City Manager, City Attorney and City Staff Contact Information 3 III. 2013 State Legislative Program Adopting Resolution 4 IV. General Legislative Policy 5 V. Priority Legislative Agenda 7 VL Discussion of Priority Legislative Issues 8 VIL General Legislative Agenda 12 City� of Danton 201> State Legialati� e Program Page 1 Citv of Denton City Council Members Mailing Address for a11 of Council: 215 E. McKinney, Denton, TX 76201 The City Ha11 Phone number for Council — 940-349-7717 Mayor Mark Burroughs ar�. �arrc��a� s c�,cit�c�f e tc� .cc�Y Mayor Pro Tem— At Large Place 5 Pete Kamp ete. �ar �cit�c� e tc� .cc�Y Council Member — District 1 Kevin Roden I�evir�.I��der��cit��fder�t�r�. c�rr� Council Member — District 2 Dalton Gregory I�a1t�r�.Care�e ��,cit��fder�t�r�.c�rri Council Member — District 3 Jim Engelbrecht Jirr�.Er��elbrecl�t�cit�c�fder�tc�r�.cc�rr� Council Member — District 4 Chris Watts � �is.�Ta s�cii��f e t� .c�Y Council Member — At Large Place 6 James King Jar es. �i ��cii�c�f e tc� .cc�Y City� of Danton 201> State Legialati� e Program Page 2 City Manager, City Attorney and City Staff The Denton City Council and staff are glad to provide information, research issues and testify on the City of Denton legislative issues. Municipal Offices: 940-349-8200 City of Denton 215 E. McKinney Denton, Texas 76201 www,city�fd�nt�n,c�rn George Campbell City Manager 940-349-8306 Caec�rge.�arr��bell�cit�c�fder�tc�r�.cc�rri Howard Martin Assistant City Manager Utilities 940-349-8232 I-�c�ward.IVlat�tir���cit�c�fder�tc�r�. cc�1r� John Cabrales, Jr. Assistant City Manager Development Services 940-349-8509 Jc�l�ri. �abrales�,cit�c�fder�tc�r�. cc�rri Lindsey Baker Assistant to the City Manager Intergovernmental & Media Relations 940-349-8234 L,ir�dse�.�al�er�cit�c�fder�tc�r�.cc�rri City� of Danton 201> State Legialati� e Program Page 3 Anita Burgess City Attorney 940-349-8336 A.r�ita.��ar e�� c�,cit�c�fder�tc�r�.cc�rri Jon Fortune Assistant City Manager Operations 940-349-8535 Jc�r�.F'c�rt�ar�e�cii�c�fder�tc�r�.cc�rri Bryan Langley Assistant City Manager Administrative Services 940-349-8224 �r�a�.L,a��le��cit�c�fder�tc�r�. cc�rri RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON' S 2013 STATE LEGISLATIVE PROGRAM FOR THE 83ra TEXAS LEGISLATLJRE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 83ra Texas Legislature will commence in January 2013; and WHEREAS, appraisal caps, revenue caps, budgeting authority and revenue sources, and many other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2013 State Legislative Program for the 83ra Texas Legislahire; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. That the City of Denton's 2013 State Legislative Program for the g3ra Texas Legislature is adopted as set forth herein and made a part of this resolution for all purposes. SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the 2013 State Legislative Program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seelc a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City Council and City Staff and through other appropriate means. PASSED AND APPROVED this the l lth day of December 2012. MARK BLJRROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I:• City� of Danton 201> State Legialati� e Program Page 4 GENERAL LEGISLATIVE POLICY PRES'ERVE THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF PRESERVATION As a general policy, the City of Denton seelcs to preserve its current authority to govern the city, its citizens, and its property. The City will oppose any legislation viewed as detrimental to the City's strategic goals; or that is contrary to the health, safety, and welfare of its citizens; or that mandates increased costs or loss of revenues; or that would dinunish the fundanlental authority of the City. S'UPPORT LEGI,S�LATION THAT AD UANCES' THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF SUPPORT Likewise, the City supports any legislation viewed as advancing the City's strategic goals; or that improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that advances the City's authority to conduct the public's business. The City will oppose any initiatives that seelc to erode municipal authority or that otherwise ha�e a negative impact on municipal operations, including but not linuted to legislation that would: • Erode home nile authority; • Detrimentally affect the City's financial position by reducing revenue streams or increasing costs; • Erode the authority of Texas cities to manage and control their rights-of-way or other public property and to be reasonably compensated for such use; • Erode current municipal economic development authority; • Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; and • Further restrict cities' ability to adopt or amend zoning regulations, and annex property in a city's extraterritorial jurisdiction. FORM COALITIONS' WITH PARTIES' THAT S'HARE COMMON GOALS' AND INTERES'T,S' WITH THE CITY FORM COALITIONS The City will form strategic partnerships with cities, political subdivisions, and private sector entities that share common goals with the City of Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal Leagtie when their adopted positions are in line with the legislative obj ectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. City� of Danton 201> State Legialati� e Program Page 5 GOALS OF THE CITY'S' LEGISZTIVE ACTIVITIES STATEMENT OF GOALS The fundamental goal of all City of Denton's legislative activities is to produce positive outcomes for the citizens of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By talcing a proactive role in monitoring and commenting on proposals in the Texas Legislature, we are worlcing to ensure that the citizens of Denton can continue to enj oy the quality of life they have come to expect and deserve. City� of Danton 201> State Legialati� e Program Page 6 PRIORITY LEGISLATIVE AGENDA PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Budgeting Authority and Revenue Sources O� � ose legislation thatwo�rld unduly �est�ict the ability of the City to set its own �J1lL��'E',f OI' 1'C/dSE', f�'/E', YlE',CE',SSC/1,I 1'E',VE',YI1lE', fO�JI'OVdL�E', SE',1'VdCE',S f0 ��d1'I 1'E',SdL�E',YIfS C/YIL� businesses. 2. Preserve Local Control of Land Use Planning and Zoning •,Su� � o�t legislation thatp�ese�ves local land use autho�ity. • O� � ose legislation that wo�ild e�ode local land use a�ztho�ity by �est�icting the ability of cities to zone o� �ezone p�ope�ties. 3. Preserve Local Control of Denton Municipal Electric • i� OSE', %E',�'dS%C//dOYl /�/C// 11�01!%L� L�E',1'E',�'1!%C//E', 1�1lYIdCd�C/%%y i�11�Y1E',L� �%/d%d/dE',S OI' C/1�2E',YIL� /�/E',dl' �'OVE',1'YI/Yl�' S/1'1!C/1!1'E',. • Su� � o�t legislation that would preserve Municipally Owned Utilities' authority C/YIL��'OVE',1'YI/Yl�' S/1'1!C/1!1'E', /�/C// 1�2C/dYl/C//YI C/ L�dVE',1'SdfdE',L�E',YlE',1'�T�I�OI'/f0%d0. City� of Danton 201> State Legialati� e Program Page 7 DISCUSSION OF PRIORITY LEGISLATIVE ISSUES Preserve Local Budgeting Authority and Revenue Sources The City of Denton will oppose legislcction that will unduly �est�ict the ccbility of the City to set its own budget o� �ccise the necesscc�y �evenue to p�ovide se�vices expected by City �esidents ccnd businesses. ISSUE During the last several Texas Legislative Sessions, proposals have been set forth that would severely limit the ability of cities to set their budgets or raise adequate revenues to carry out their fundamental functions. For example, numerous proposals to "cap" local revenues and property appraisals have been filed in the Texas Legislature. Every elected official in the City of Denton is sensitive to the tax burden our citizens and businesses pay, and is accountable to the local electorate for the decisions they malce. However, we are also mindful that it talces a great deal of flexibility with our local budget to meet the unique demands for services while at the same time preserving the high standards our community has come to expect. PROBLEM Appraisal and revenue caps undermine the ability of local governments to meet the individual needs and circumstances of their cities. Additionally, one size fits all "caps" violate the fundanlental principle of local control. Citizens and businesses have numerous opportunities to provide input to the City of Denton's budget and tax rate setting processes. Most importantly the citizens of our City get to voice their approval or disapproval of our budgeting performance and tax rates every time we hold a City election. Unfortunately, extremely low appraisal and revenue caps can produce numerous problems. For instance, appraisal caps shift the inequitable tax burden to businesses and new homeowners. This inequitable shift can produce serious long-term negative consequences for the local economy. Revenue caps, on the other hand, require the City to cut services or talce on more debt to fund local projects and services. These types of "caps" are particularly harmful to a city lilce Denton, because it prevents the City from adequately dealing with the infrastnicture needs brought on by tremendous population growth. It is inappropriate for the State of Texas to expect local governments to provide numerous public services with no funding from the State, while at the same time unduly restricting the ability of local governments to raise the necessary levels of revenue to provide the required services. SOLUTION If revenue caps are going to be applied to local governments they should be applied uniformly to the state budget as well. In short, the same niles should apply to all levels of government. The State could also supplement local government funding as other states that impose revenue caps have done. City� of Danton 201> State Legialati� e Program Page 8 Preserve Local Control of Land Use Plannin� and Zonin� The City of Denton will suppo�t legislcction thcct p�ese�ves locccl lccnd use ccutho�ity ccnd o ose legislcction thcct will e�ode locccl lccnd use ccutho�ity by �est�icting the ccbility of cities to zone o� �ezone p�ope�ties. ISSUE Over the past few legislative sessions various proposals have been introduced to restrict the ability of cities to enforce their traditional land use controls. Specifically, legislation that requires cities to compensate landowners any time a zoning classification change is effected (often referred to as a"downzoning"), has come dangerously close to becoming the law. Under these proposals, cities would have to compensate landowners, even if the proposed zoning changes did not interfere with the current or intended use of the property. In addition to compensating landowners for zoning changes, proposals have been considered that would require compensation for numerous types of city regulations. For example, previously proposed legislation would have required cities to compensate landowners if they restricted the ability of patrons to smoke on premises or limited the time of day that alcohol could be served. All of these types of local restrictions have been debated under the theory of "regulatory takings." Additional legislative proposals would have prevented cities from ever changing the zoning classification of a property if any type of basic permit or site plan has been filed with any governmental entity. Since 1999 the Texas Legislature has continually expanded the "permit vesting" statute to include different aspects of city land use authority. The expansion of the "permit vesting" statute is beginning to interfere with the ability of cities to impose orderly, efficient, and comprehensive land use and development plans for their communities. PROBLEM Restricting the ability of cities to properly regulate land uses ultimately prevents them from being able to respond to the needs and demands of their citizens. For example, land use controls are used to lceep undesirable businesses from locating in neighborhood-type settings. Additionally, one of the main reasons people live in cities is to have the protection of a regtilated land use system. In short, when a home or business locates in a particular city they do sq in part, to ensure that an incompatible stnicture will not be placed next to their property. SOLUTION The ability of most cities to manage growth and development is based on the Texas constitution's home rule provisions. Cities are allowed to amend charters and pass ordinances as long as they do not conflict with the constitution or general laws enacted by the state legislature. This means that each home nile city can malce its own decisions about what planning tools and techniques are most appropriate to its situation unless those tools have been proscribed by the Texas legislature. The State should be very cautious in proscribing solutions that are only applicable to individual situations because of the vast differences between cities in this large state. City� of Danton 201> State Legialati� e Program Page 9 Preserve Local Control of Denton Municipal Electric The City of Denton will o ose legislcction thcct de�egulcctes Municipcclly (hvned Utilities o� ccmends thei� gove�nccnce ccutho�ity. ISSUE For the first time in over a decade, the 2011 State Legislative session saw bills introduced regarding partial deregtilation for specific Municipally Owned Utilities (MOU). Ultimately, none of the bills passed into law. However, this type of legislative pressure toward specific MOUs can have a widespread, negative impact and unforeseen consequences on MOUs throughout the state. Municipalities owning an electric utility, such as in Denton's case, retain local regulatory authority through its main governing body, the City CounciL It is the role and choice of these City Councils to determine each MOUs energy future by exercising its authority whether to opt-in to the deregtilated marlcet or to retain its local authority. In April, 2001, the Denton City Council toolc a wait-and-see approach and exercised its authority choosing not to opt-in to deregulation. To date, there has been no viable reason for Denton to enter into the dereg�,ilated marlcet. Requiring MOUs to participate in the deregtilated marlcet essentially eliminates the authority of the governing bodies of MOUs and forces them to operate under the same gtiidelines as investor owned utilities. Historically, DME electric rates have remained stable and competitively priced. Mandating that an MOU participate in the deregulated marlcet not only increases its financial burden, but also ensures that the increased costs are passed through to the DME ratepayers, thus placing DME at a competitive disadvanta�e in the electric marlcet. In addition, should an MOU such as that owned by the citizens of Denton be required to opt-in, it mitigates the strategic measures that the local citizens have enacted such as requiring more renewable resources from their MOU. PROBLEM Austin Energy's (AE) rate increase has raised the deregulation issue and it is anticipated that legislation will be proposed to deregulate all or a portion of AE. The opt-in discussions concerning AE may be expanded to include all MOUs. For Denton to enter the deregtilated market, the additional operating expense would be substantial. The current and additional operating expenses could be spread across a smaller customer base should customers exercise their "power to choose". A reduction in DME's customer base would ensure that its remaining customers would have to absorb the increased costs in the form of higher electric rates. SOLUTION MOUs must preserve the local authority and governing stnicture to provide affordable electric service and energy portfolio diversity to its ratepayers. City� of Danton 201> State Legialati� e Program Page 10 Preserve Local Control of Denton Municipal Electric The City of Denton will suppo�t legislcction thcct p�ese�ves the ccutho�ity ccnd gove�nccnce st�uctu�e of Municipcclly Owned Utilities thcct maintccin cc dive�sified ene�gy po�tfolio. ISSUE During recent sessions of the Texas State Legislature, proposals were sent forth regarding Texas' Renewable Portfolio Standard (RPS) and its proposed soft target for non-wind renewable generation. Restricting the types of generation which would qualify for inclusion in the RPS essentially eliminates the authority of the governing bodies of Municipally Owned Utilities (MOU) to procure renewable energy sources that are financially feasible for the MOU to maintain a diversified energy portfolio. As such, the increased financial burden for the City of Denton would be passed through to Denton Municipal Electric (DME) ratepayers. The City of Denton is a nationally recognized environmental leader because of its continued diversification of DME's energy portfolio. At no additional cost to its ratepayers, DME provides more wind energy per capita than any other city in the United States and offers one of the largest rebates for the installation of renewable energy generation in Texas. The City of Denton and DME recognize the importance of reducing the overall dependence on fossil fuel generation, while, at the same time being fiscally responsible to its citizens and ratepayers. PROBLEM Any legislation that eliminates MOUs' authority to determine and maintain a diversified energy portfolio is fiscally irresponsible to the ratepayers. While some areas are more suited for specific types of renewable generation, not all utility scale generation is appropriate in all locations. For example, the cost of constnicting and operating solar energy generation can be prohibitive. While solar costs have declined over recent years, the capital costs, scarcity of land, lacic of electric infrastnicture, and diminished levels of generation output as compared to conventional generation can substantially drive the cost per megawatt-hour of solar energy production upward. It is unrealistic and cost prohibitive for the State of Texas to expect MOUs to provide economically priced electricity to its citizens while requiring a diversified energy portfolio that includes predetermined amounts of specific renewable sources without funding from the State. SOLUTION MOUs must preserve the local authority and governing stnicture to provide affordable electric service to its ratepayers. If energy portfolio diversity becomes a requirement, MOUs should have the option to determine which renewable generation source is most suited to each MOU's service area. If a generation requirement is mandated, it should be applied uniformly to investor owned utilities, cooperatives, and MOUs. In addition, the State should supplement local government funding of the constniction of utility scale renewable generation to offset the impact to the citizens of Denton. City� of Danton 201> State Legialati� e Program Page 11 GENERAL LEGISLATIVE AGENDA Revenue and Taxation •,Suppo�t legislation that would require mandatory disclosure of real estate sales prices. • Oppose legislation that would lengthen or broaden the scope of the current sales tax holiday. • Oppose any legislation that would impose a sales tax holiday for textboolcs. • Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments. Land Use and Resources •,Suppo�t legislation that would provide municipalities the authority to regulate and enforce zoning, building codes, and property maintenance codes within extraterritorial jurisdictions (ETJ). •,Suppo�t legislation that would address the failure of utility companies to relocate their facilities in a timely manner as required by current law. • Oppose legislation that would reduce a municipality's authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including the expansion of a district's boundaries or powers. • Oppose legislation that would erode city annexation authority. • Oppose legislation that would reduce or eliminate development fees, exactions, or building pernuts. • Oppose legislation that would restrict cities' ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. ,Suppo�t legislation that would allow local governments to enact ordinances relating to health and safety regulations as applied to gas drilling and production activities. Utilities •,Suppo�t legislation that preserves Congestion Revenue Rights (PCRRs) assigned to municipal utilities in exchange for supporting the nodal marlcet constnict. •,Suppo�t legislation that preserves the Self Regulation of Municipal Electric Utilities. •,Suppo�t legislation that protects the ability of governmental entities to maintain confidentiality of certain critical documents and activities. City� of Danton 201> State Legialati� e Program Page 12 •,Suppo�t legislation that requires marlcet participants and Retail Electric Providers (REPs) to be properly capitalized before they are allowed to participate in the ERCOT marlcet. •,Suppo�t legislation that requires more stringent credit requirements for the start�ip of Retail Electric Providers (REPs). • Oppose legislation that requires municipal electric utilities to pay uplifted charges for those ERCOT Retail Electric Providers (REP) that declare banlcniptcy or for any other ERCOT short pay charges. • Oppose legislation that would extend electric subsidies provided by municipal utilities to four-year state universities, upper level institutions, Texas state technical colleges or liberal arts colleges. • Oppose any legislation that will increase ERCOT Fees. • Oppose legislation that exempts any further exemptions to the drainage fee. • Oppose any legislation that would limit or prohibit a city's ability to malce and sell compost/mulch products, inside and outside of the city limits. •,Suppo�t legislation that would fund the state water plan in order to reduce the stress on current local and regional sources of water, provided that such legislation does not negatively impact local revenue. • Oppose legislation that would impose state "tap fees" or any other type of state charge on municipal water systems. Transportation •,Sizpport legislation that ��� ould retain limited authorit�T for TiDOT to enter into public-private partnerships on specific projects. •,Suppo�t legislation that would identify additional transportation revenue to enhance statewide and regional ability to maintain and improve transportation infrastnicture, and that would provide metropolitan areas with flexible solutions to solve problems and ensure that areas contributing to transportation solutions will not be penalized with a loss of traditional transportation funding. •,Suppo�t legislation that would constitutionally protect all revenues in Fund 6 and discontinue the diversion of transportation revenues to non-transportation purposes, and appropriate all revenues from highway user fees and taxes to fund transportation. ,Suppo�t legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. City� of Danton 201> State Legialati� e Program Page 13 •,Suppo�t legislation that would increase vehicle registration fees to address transportation funding needs. •,Suppo�t legislation that would enforce existing regulations and penalties of driving requirements (e.g. vehicle registrations, driver licenses, and vehicle insurance). • Oppose legislation that would create a Regional Mobility Authority in the four county area of North Central Texas including Dallas, Denton, Collin and Tarrant Counties for the purpose of administering funds received through revenue sharing agreements. •,Suppo�t legislation that directly benefits Denton County Transportation Authority, if such proposals do not adversely affect the city's interest. Public Safetv •,Suppo�t legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governor's Division of Emergency Management. • Oppose legislation that further restricts a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for ninning the light. General Government •,Suppo�t legislation that heightens environmental standards, improves air and water quality and protects the health, safety, and welfare of Texans. •,Suppo�t legislation that would exempt cities from any federal collective bargaining legislation that may become law in the future. •,Suppo�t legislation amending Section 11.1825 of the Tax Code by adding that community housing development organizations (CHDOs) must receive an exemption from taxation from any affected municipality prior to receiving a tax exempt status from the local property appraisal district. •,Suppo�t legislation that directly benefits LTNT and/or TWU, if such proposals do not adversely affect the city's interest. • ,Suppo�t legislation that directly benefits Denton ISD, if such proposals do not adversely affect the city's interest. • Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely affect the city's interest. •,Suppo�t legislation that would provide funding for Early Childhood Programs, including full-day service pre-lcindergarten programs. City� of Danton 201> State Legialati� e Program Page 14 5:11egallour dpcumentslreso[utions112lsEate legislative peogram resolution (dec 2012).doc Exhibik 2 RESOLUTION N0. A RESOLUTION OF TH� CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2013 �TA`I'E LEGISLATNE PROGRAM FOR THE $3rd T�XAS LEGtSLATURE; AND PROVIDING AN EFFECTtVE DATE. W�-IEREAS, the 83Td Texas Legislature wiil eoznmenee in January 20I3; and WH�REAS, app��aisAl caps, i•evenue caps, budgeting authority and re�enue sources, and mairy other fegislative issues affecting local governtnent will be considered; and WH�REAS, the City of Dentot� desires to adopt its 2013 State Legislative Program for the 83"� Texas I�egislature; NOW, THERFORE, THE COUNCIL O� TFIE C!1'Y O� DENTON HERBY RESOLVES: SECTION l. That the City af Denton's 2013 State Legislative Program for the 83�`� Texas Legisiature is adapted as set farth l�erein and made a pari af this resolution for all purposes. SECTi�N 2. That the Mayor and City Cauneil, City Manager and the City Attorney, or their designees shail commut�icate the items included in the 2013 State Legislati�e Program tcs members af the Texas Legislature. SECTION 3. T�te City Ma�ager, or his designee, is directed lo d�•a�t appropriate legislation, seek a sponsar, and actively pursue passage of such legislation by providing testimany firom the l�ayo�• anc! City Council and City Staff and through other apprapriate tneans. PASSED AND APPROVED this the `h tlay of December 2012, MARK BURROUGHS, MAYOR ATTEST: JENNIF�R WALT�RS, CITY SECRETARY : APPROV&D A� TO L�GAL �`ORM: ANITA BURGESS, CITY ATT�RNEY BY: