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1993-193 %(+$1$%$1$-"$%.1, 93193 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ RepealedbyOrdinanceNo.201236712/18/12JR ~:\6PDQCS\0RD\SM0KE.0 ORDINANCE NO. ?3 - I 93 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING PROVISIONS OF CHAPTER 14 ARTICLE IV. ("SMOKING") OF THE CODE OF ORDINANCES TO DESIGNATE THE MANAGER OF THE ENVIRONMENTAL HEALTH SERVICES DEPART- MENT TO ENFORCE AND ADMINISTER PROVISIONS OF THIS ARTICLE; PRO- VIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following definitions contained Sec. 14-86 of the Code of Ordinances are hereby amended to read as follows: Director means the manager of the environmental health services division of the Department of Municipal Services of the City. Food establishment means any operation defined as such in section 13-1 of this Code. All other provisions of this section are unchanged. SECTION II. That Sec. 14-87(d) of the Code of Ordinances is hereby amended to read as follows: (d) The owner or person in control of an establishment or area described in subsections (a) (4) or (a) (6) of this sec- tion 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. SECTION III. That Sec. 14-87(e) of the Code of Ordinances is hereby amended to read as follows: (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 establishment described (a)(6) of this section; area or office of an in subsection (a)(4) or (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 non-smoking 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. SECTION IV. That Sec. 14-88 of the Code of Ordinances is hereby amended to read as follows: 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. SECTION V. 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 compe- tent 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 portion despite any such invalidity. SECTION VI. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. PAGE 2 SECTION VII. That this ordinance shall become effective four- teen (14) days 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 Record-Chronicle, the official news- paper of the City of Denton, Texas, within then (10) days of the date of its passage. rf~`'/_ PASSED AND APPROVED this the a/ day of 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ED A(SITO LEGAL FORM: A. RAYOVITCH, CITY ATTORNEY BY: PAGE 3