1993-193
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93193
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Act
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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