2018-141 Smoking Ordinance OverviewDate: September 28, 2018 Report No. 2018-141
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Background on Smoking Ordinance No. 2015-121.
EXECUTIVE SUMMARY:
City Council requested information on the Smoking Ordinance on June 26, 2018. Included in the
background is a brief history of both the prior Ordinance No. 2012-367 and current Ordinance
No. 2015-121 including enforcement of the ordinance.
BACKGROUND:
In 2012, a City Council appointed an ad-hoc citizen’s advisory committee to review smoking
regulations in Denton and the committee made a recommendation regarding smoking regulations
for City Council consideration in December 2012. This recommendation led to the approval of
Smoking Ordinance No. 2012-367 on December 18, 2012 which prohibited smoking in certain
facilities. This ordinance specifically did not prohibit smoking in seven different facilities, which
included private residences, vehicles, and clubs, patios of restaurants or bars, bingo parlors,
tobacco shops and cigar bars, and bars that do not employ or admit persons under 18 years of
age.
At the time of adoption of Smoking Ordinance No. 2012-367, City Council requested staff bring
information back in two years to review the ordinance. An informal staff report (ISR) was sent to
City Council in August 2014, included as Attachment 1, that provided an update on compliance
and potential changes for future discussion. That ISR outlined the top issues from previous City
Council discussions of smoking ordinance revisions including, 1) smoking in bars, 2) distance
restrictions from a public entrance, and 3) e-cigarettes in restaurants and parks.
City Council held work sessions in January and February 2015, and a public hearing on April 7,
2015. The current Smoking Ordinance No. 2015-121 was adopted by City Council on April 21,
2015. Revisions from the prior version included:
1. Added the definition of electronic cigarettes (e-cigs) and included e-cigs in the definition of
smoke/smoking for purposes of the ordinance. In doing so, the use of e-cigs was expressly
prohibited in the same locations as smoking is prohibited. Also added a provision
restricting the sale of e-cigs to persons under the age of 18.
2. Removed the exception to bars, which had allowed smoking in bars that only allowed
persons 18 and older in the establishment. The smoking ban on bars with an open aired
patio went into effect in August 2015 with a delayed effective date for bars without an open
aired patio until December 31, 2017.
3. Maintained the exception to the smoking ban for private clubs, bingo parlors, tobacco
shops, and on the open aired patio of a restaurant or bar unless prohibited by the
establishment with some limitations.
4. Added a designated distance of 30-feet from an entrance to a location in which smoking is
prohibited, with no exception extended to the downtown area.
Date: September 28, 2018 Report No. 2018-141
5. In keeping with the 2012 ordinance, which prohibited smoking within 30 ft. from public
library entrances, the ordinance extended the restriction to all Parks-owned recreation
centers.
6. Added the definition of vape/e-cig shops, which sell e-cigarettes and provide for areas in
the shop in which to deploy device. Extended exemption currently in place for cigar bars
and tobacco stores to vape shops.
This ordinance is enforced by both the City’s Health Inspectors and the Police Department. The
City’s Health Inspectors inspect restaurants and bars twice annually, and perform inspections in
response to complaints. Denton Police Department responds to calls against individuals smoking
in non-smoking areas. To date, no complaints or citations have been received against
establishments for violations of the ordinance. Denton Police Department has received one
complaint of smoking in a prohibited establishment this year in reference to a gas station.
Instances where officers observe violations, they have provided verbal warnings to gain
compliance.
DISCUSSION:
This request will be included on the list for the next scheduled monthly work session where City
Council discusses and provides direction on the prioritization of future work session items.
ATTACHMENT(S):
Code of Ordinances Chapter 14 Article IV “Smoking”
STAFF CONTACT:
Sarah Kuechler
Director of Public Affairs
(940) 349-8356
Sarah.Kuechler@cityofdenton.com
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ARTICLE IV. - SMOKING
Sec. 14-86. - De nitions.
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 di erent 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.
Billiard hall means a place of amusement for which the chief purpose is providing the use of
billiard/pool tables to the public.
Bingo parlor means an establishment owned, operated, or administered by a person or entity
licensed or permitted by the State of Texas pursuant to V.T.C.A., Occupations Code, Ch. 2001.
Cigar bar means an establishment used primarily for the sale of cigars, cigar-related products, and
alcoholic beverages, and does not allow admittance to or employ persons under the age of eighteen (18),
and is equipped with a commercial walk-in humidor of not less than three hundred fty (350) cubic feet
or a reach-in humidor of not less than one hundred eighty (180) cubic feet with a humidi er which
maintains a set humidity through evaporation and di usion and is connected to a reverse osmosis
ltration system for constant supply of water.
Electronic cigarette (e-cigarette) means any electronic oral device, such as one composed of a
heating element, battery, and/or electronic circuit, which provides a vapor or aerosol of nicotine or any
other substance, and the use or inhalation which stimulates the smoking of a tobacco cigarette, pipe or
cigar. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or
sold as an electronic cigarette, and electronic cigar, an electronic cigarillo, an electronic pipe, electronic
hookah, or under any other similar produce name or descriptor. The term electronic cigarette does not
include any asthma inhaler or other similar device that has been duly prescribed by a licensed
physician.
Employee 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 pro t, or an individual who
volunteers the individual's services for an employer.
Employer 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 to, buildings, sheds,
garages, and stadium structures and excluding horizontal improvements such as sidewalks, streets and
parking lots.
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(1)
(2)
(3)
(1)
(2)
(3)
(4)
(5)
Fraternal organization means a non-pro t organization that:
Is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code;
Operates under a lodge system with a representative form of government; and
Is organized for the exclusive bene t of the members of the organization and their
dependents.
Healthcare facility means an o ce 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.
Open-aired outdoor patio means an outdoor space generally used for dining or recreation that
adjoins a building and typically has an improved oor surface.
Place of employment means an enclosed facility under the control of a public or private employer,
including, but not limited to, work areas, private o ces, employee lounges, restrooms, conference rooms,
meeting rooms, classrooms, employee cafeterias, hallways, construction areas, and temporary o ces.
This de nition does not include such outdoor areas as construction sites, parking lots, or designated
smoking areas, or any area where smoking is speci cally allowed under this article.
Private club means an organization that owns, leases, or occupies a building used exclusively for
club purposes at all times and:
Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent,
or athletic purpose, but not for pecuniary gain;
Sells alcoholic beverages only incidentally to its operation;
The a airs 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;
Has established bylaws or a constitution to govern the club's activities; and
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.
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
within the establishment.
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(1)
(2)
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(a)
(1)
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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, containing tobacco, weed, or other plant product or the use of an electronic
cigarette or similar device.
Tobacco bar means a business that:
Holds a permit under V.T.C.A., Tax Code, Ch. 155;
Holds an alcoholic beverage permit or license issued under V.T.C.A., Alcoholic
Beverage Code, Chs. 25, 28, 32, or 69, or under V.T.C.A., Alcoholic Beverage Code, §
11.10;
Post a conspicuous sign at the main entrance of the establishment that contains the
words "This is a Tobacco Bar. Smoking is permitted in this establishment." and which
includes the universal symbol for smoking, or other language that clearly indicates
that smoking is permitted in the said establishment;
Does not employ or allow admittance of persons under the age of 18; and
Generates at least fteen (15) percent of its quarterly gross revenue from the sale of
tobacco or tobacco-related products.
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.
Vape shop means a specialty retail establishment used primarily for the sale of e-cigarette products
and accessories and in which the sale of other products is incidental.
(Ord. No. 2015-121, § 1, 4-21-15)
Sec. 14-87. - Smoking prohibited in certain public places.
It is unlawful for any person to smoke or possess a lit tobacco, weed or other plant
product or to smoke an electronic cigarette (e-cigarette) in any of the following public
places:
An elevator used by the public;
Healthcare facilities;
Any facility owned, operated or managed by the city;
Any vehicle owned by or under the control of the city;
Any retail establishment serving the general public except as otherwise permitted in
this article;
Lobbies, hallways, and other common areas in retirement facilities and nursing
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(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(a)
(b)
(a)
homes;
Any facility of a primary or secondary school;
Child care and adult day care facilities;
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;
Parks facilities and public libraries, including exterior corridors, and any area within
thirty (30) feet of any public entrance thereto;
Museums;
Restaurants;
Bars, except as otherwise permitted in this article;
Lobbies, hallways, and other indoor public areas in hotels and motels;
Bowling alleys;
Pool/billiard halls;
Polling places;
Bingo parlors, except as otherwise permitted in this article;
Public transportation vehicles, including buses and trains, and within thirty (30) feet
of facilities in support of public transportation such as ticket, boarding, shelter, and
waiting areas;
Any establishment or facility declared to be non-smoking under section 14-89(b) of
this article; and
Any location which is within thirty (30) feet of a street-front main entrance where
smoking is prohibited or, if a business has a front patio where smoking is prohibited,
within (30) feet of the boundaries of such patio.
(Ord. No. 2015-121, § 2, 4-21-15; Ord. No. 2018-891, § 2, 6-26-18)
Sec. 14-88. - Smoking prohibited in places of employment.
It is unlawful for any person to smoke or possess a lit tobacco, weed or other plant
product in places of employment, except as provided in this article.
An employer shall communicate this prohibition to all prospective employees upon their
application for employment.
(Ord. No. 2015-121, § 3, 4-21-15)
Sec. 14-89. - Smoking not prohibited in certain places.
Notwithstanding any other provision of this article, the following areas shall not be
subject to the smoking restrictions of this article:
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a.
b.
c.
(b)
(a)
(1)
(2)
Private residences, except when used as a child care, adult day care, or health care
facility;
Personal vehicles;
Private clubs and fraternal organizations;
Open-aired outdoor patio of a restaurant or bar;
Bingo parlors which provide a solid physical barrier to separate the non-smoking
section. Any bingo parlors existing on the date of passage of this article shall have
until April 19, 2016 to construct such barrier. Any bingo parlor established after the
e ective date of this article shall not be entitled to this exception and shall comply
with all other provisions of this article;
Tobacco shops, tobacco bars, cigar bars, and vape shops;
Bars operating as "smoking bars" as of the date of passage of this article:
Which do not allow admittance of persons under the age of 18;
Which post a conspicuous sign at the main entrance of the establishment that
contains the words "Smoking is permitted in this establishment" and which
includes the universal symbol for smoking, or other language that clearly
indicates that smoking is permitted in the said establishment; and
Which do not have an open-aired outdoor patio.
A bar operating as a "smoking bar" as of the date of passage of this article shall cease operating as a
"smoking bar" on or before December 31, 2017 and shall thereafter comply with all provisions of this
article.
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 nonsmoking establishment by posting the
establishment or facility as such pursuant to section 14-90 of this article.
(Ord. No. 2015-121, § 4, 4-21-15)
Sec. 14-90. - Signage.
The owner or person in control of an establishment in which smoking is prohibited by this
article shall:
Post a conspicuous sign at the main entrance to the establishment that shall contain
the words "No Smoking, by City of Denton Ordinance" and which includes the
universal symbol for no smoking, or other language that clearly prohibits smoking;
and
Remove all ashtrays from any area in which smoking is prohibited.
(Ord. No. 2015-121, § 5, 4-21-15)
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Sec. 14-90.1. - Electronic cigarette or paraphernalia.
It shall be unlawful for any person to sell or give an electronic cigarette or any paraphernalia to any
person under eighteen (18) years of age.
(Ord. No. 2015-121, § 6, 4-21-15)
Sec. 14-90.2. - Penalties.
Any person violating this ordinance shall, upon conviction, be punished by a ne not to exceed two
thousand dollars ($2,000.00).
(Ord. No. 2015-121, § 8, 4-21-15)