2012-367FILE REFERENCE FORM 2012-367
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ORDINANCE NO. 2�12-367
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF
CERTAIN RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD
ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING NOTIFICATION
REQUIREMENTS; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS;
PROVIDING EXCEPTIONS; PROVIDING PENALTIES; PROVIDING A SEVERABILITY
CLAUSE, REPEALING ORDINANCE 86-69, ORDINANCE 93-193 AND CHAPTER 14
ARTICLE IV (SMOKING) OF THE CODE OF ORDINANCES, AND ANY OTHER
ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes that the smoking of
tobacco, weeds or other plant products has been demonstrated to have a detrimental effect on not
only the smoker but others in close proximity to the smoker; and
WHEREAS, the City Council determined it to be in the public interest to consider the
possibility of enhancing the City's smoking regulations; and
WHEREAS, the City Council enlisted the assistance of an ad-hoc citizen's advisory
committee to review smoking regulations in Denton; and
WHEREAS, this committee met on October 11, October 25, November 15, and
December 3, 2012; and
WHEREAS, this committee has forwarded certain recommendations regarding smoking
regulations to the City Council for consideration; and
WHEREAS, the City Council is appreciative of the worlc of this committee, and finds it
in the public interest to enact enhanced smolcing regulations in the City of Denton; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Deiinitions,
The following words, terms and phrases, when used in this ordinance, 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.
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
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licensed or permitted by the State of Texas pursuant to V.C.T.A., Occupations Code, Chapter
2001.
Cigar Ba� means an establishment used primarily for the sale of cigar, cigar-related products,
and alcoholic beverages, and does not allow admittance to or employ persons under the age of
eighteen (18).
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 profit, 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.
Fraternal 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.
Healthcare 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.
Open-aired Outdoor Patio means a patio that has no fencing surrounding the seating area of the
patio, except for open-aired construction (such as wrought iron, slats, or lattice work), or fencing
which would allow for more than 50 percent light and air penetration, or fences which do not
exceed four (4) feet in height. Walls contiguous to the primary business are not deemed fencing
within this definition. Ceilings of solid or open-aired construction (such as slats or lattice worlc)
are permitted notwithstanding the requirement of 50 percent light and air penetration.
Place of Employment means an enclosed facility under the control of a public or private
employer, including, but not limited to, work areas, private offices, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways,
construction areas, and temporary offices. This deiinition does not include such outdoor areas as
construction sites, parking lots, or designated smol�ing areas, or any area where smoking is
specifically allowed under this ordinance.
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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, 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.
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
smolcing equipment, containing tobacco, 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 Bar 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. Smoking prohibited in certain public places.
(a) It is unlawful for any person to smolce or possess a lit 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;
(4) Any vehicle owned by or under the control of the city;
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(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 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 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 permitted in this ordinance;
(19) 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; and
(20) Any establishment or facility declared to be non-smoking under Section 4(b) of this
ordinance.
SECTION 3. Smolcing prohibited in places of employment.
(a) 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 ordinance.
(b) An employer shall communicate this prohibition to all prospective employees upon their
application for employment.
SECTION 4. Smoking not prohibited in certain places.
(a) Notwithstanding any other provision of this ordinance, the following areas shall not be
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subject to the smoking restrictions of this 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 or bar;
(5) A bar that does not employ, or allow admittance to, persons under the age of
eighteen (18) years, or which is permitted to sell tobacco products pursuant to
V.T.C.A., Health and Safety Code Section 161.086;
(6) Bingo Parlors which provide a solid physical barrier to separate the non-smoking
section. Any existing bingo parlors shall have three (3) years from the effective
date of this ordinance to construct 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 nonsmoking establishment by posting the establishment or facility
as such pursuant to Section 5 of this ordinance.
SECTION 5. Signage.
(a) The owner or person in control of an establishment in which smoking is prohibited by this
ordinance shall:
(1) 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 smolcing, or other language that clearly
prohibits smoking; 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 (Smoking) of the
Code of Ordinances, and any other ordinance in conflict herewith are hereby repealed.
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SECTION 9. This ordinance shall become effective one-hundred twenty (120) 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 newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the � day of _����J�,��� , 2012.
MARK A. BURR(�'TI1IS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �.
APPR D A TO LEGAL FORM:
ANITA URGESS, CITY ATTORNEY
BY: �
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