2017-082 Smoking OrdinanceDate: November 10, 2017 Report No. 2017-082
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Overview of Ordinance 2015-121 (Smoking Ordinance)
EXECUTIVE SUMMARY:
Passed on April 21, 2015, the ordinance repealed and replaced previous smoking ordinances and
made it, “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 certain places.
The majority of the ordinance went into effect in August of 2015, 120 days after the ordinance
was passed. The final component of the ordinance, which will go into effect on Dec. 31 2017,
relates to bars that allow smoking. "A bar operating as a 'smoking bar' as of the date of passage
of this ordinance shall cease operating as a 'smoking bar' on or before Dec. 31, 2017 and shall
thereafter comply with all provisions of this ordinance."
BACKGROUND:
What preceded Ordinance 2015-121?
Ordinance number 2012-367, passed on Dec. 18, 2012, prohibited smoking in certain facilities.
These included all city facilities and vehicles, bowling alleys, restaurants, and with some
exceptions: retail establishments, places of employment, and bars.
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.
Ordinance 2015-121 repealed and replaced ordinance 2012-367.
DISCUSSION:
What did Ordinance 2015-121 change?
Passed on April 21, 2015, the ordinance repealed ordinance 2012-367 and made it,
“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 certain places. These places included
all of those mentioned in ordinance 2012-367, and added “Any location which is within
thirty (30) feet of a street-front main entrance where smoking is allowed or, if a business
Date: November 10, 2017 Report No. 2017-082
has a front patio where smoking is allowed, within (30) feet of the boundaries of such
patio.”
Similar to ordinance 2012-367, this ordinance listed several places where smoking is not
prohibited. Whereas the previous ordinance listed bars (with the caveat that they not
admit persons under the age of 18), this ordinance did not list bars as an exception.
Instead, the ordinance lists “smoking bars” with the provision that they will cease
operating as such on or before Dec. 31, 2017 and come into compliance.
Prohibited the sale of electronic cigarettes to minors
When was the rule effective that prohibited smoking within 30 feet of a storefront entrance?
It was effective in August of 2015, 120 days after the passage of ordinance 2015-121. As of that
date, smoking within 30 feet of all storefront entrances was prohibited. The delayed
implementation to sunset “smoking bars” taking place on Dec. 31, 2017 does not introduce any
changes related to this rule.
Therefore, as an example, there should be no smoking on the sidewalks in front of businesses on
the square. Staff will work with Health Inspectors and the Police Department to educate business
owners and patrons of the regulations and gain compliance.
When did/do the changes go into effect?
The final component of the ordinance, which will go into effect on Dec. 31 2017, relates to bars
that allow smoking. "A bar operating as a 'smoking bar' as of the date of passage of this
ordinance shall cease operating as a 'smoking bar' on or before Dec. 31, 2017 and shall thereafter
comply with all provisions of this ordinance."
The majority of bars in Denton are already in compliance with this ordinance. Staff is aware of 6
bars in Denton that currently allow smoking inside.
1. The Loophole 119 W. Hickory St.
2. Porky’s 8430 W University Dr.
3. JR Pockets 1127 Fort Worth Dr.
4. Hooligan’s 104 N. Locust St.
5. Vitty’s 1776 Teasley Ln.
6. Dusty’s 119 S. Elm St.
Health Inspectors have met with each of these establishments and the management of each is
aware of the upcoming change.
It is estimated that approximately 10 bars in Denton currently have smoking patios, which are
allowed under this ordinance.
How does enforcement work?
Date: November 10, 2017 Report No. 2017-082
Health Inspectors inspect restaurants and bars twice annually to ensure compliance. Additionally,
establishments are inspected in response to complaints, generally on the same day. The
owners/managers of any establishment can be, upon conviction, fined up to $2,000 per infraction
for violations of this ordinance. To date, Health Inspectors are not aware of any citations related
to this ordinance.
The Police Department responds to calls complaining of individuals smoking in a non-smoking
area. To date they have received only one such complaint. Upon responding, they did not
observe a violation. In cases where officers have directly observed violations, they have given
verbal warnings and gained 100% compliance. The Police Department does not anticipate an
acceleration of complaints in the future.
How did the City communicate with residents when the ordinance was passed in 2015?
As prescribed by the ordinance, the City placed a notice in the Denton Record Chronicle
within 10 days of the ordinance being passed.
A press release was distributed to the media and also placed on the City’s website. The
ordinance was widely reported on.
The City posted information via social media, which received more than the normal
amount of interaction.
The to-be-affected business owners were sent a letter, both when the ordinance was
passed and when the ordinance went into effect.
“No Smoking” signs were made available to business owners through Health Inspectors
prior to the ordinance going into effect. These signs remain available through Health
Inspectors.
CONCLUSION:
What communications are planned for the future?
Letters have been distributed by Health Inspectors to the bars that will be affected by the
final component of the ordinance (related to “smoking bars”). Those inspectors have also
offered door signs to the business owners. In these discussions, bar owners and managers
have indicated to the Health Inspectors that they were already aware of the upcoming
implementation.
Letters are also being mailed to bars in the city to remind them of the upcoming
implementation.
In the coming month the following communications are planned to help inform and
remind residents of the ordinance:
o Press release
o Notice in the Denton Record Chronicle
Date: November 10, 2017 Report No. 2017-082
o Article in the Dec./Jan. issue of the Resident Update newsletter
o Social media posts
ATTACHMENT(S):
Ordinance 2015-121
Ordinance 2012-367
Image of “No Smoking” signs available through Health Inspectors
Letter to businesses regarding the upcoming change
STAFF CONTACT:
Brian Daskam
Public Information Officer
(940) 349-7567
Brian.Daskam@cityofdenton.com
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ORDINANCE NO. 2015-121
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 2012 -367, 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 of the City of Denton adopted Ordinance Number 2012-
367 which recognized 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 which established regulations governing smoking in the City of Denton; and
WHEREAS, upon further review, the City Council of the City of Denton has determined
that it is the best interest of the citizens of the City of Denton to adopt additional regulations
governing in the City and expanding the said regulations to include vapor products within the
definition of smoking; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Definitions.
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
licensed or permitted by the State of Texas pursuant to V.C.T.A., Occupations Code, Chapter
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 350 cubic feet
or a reach -in humidor of not less than 180 cubic feet with a humidifier which maintains a set
humidity through evaporation and diffusion and is connected to a reverse osmosis filtration
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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 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 an outdoor space generally used for dining or recreation that
adjoins a building and typically has an improved floor 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 offices, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways,
construction areas, and temporary offices. This definition does not include such outdoor areas as
construction sites, parking lots, or designated smoking 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
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:
1) holds a permit under V.C.T.A., Tax Code, Chapter 155;
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;
3) 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;
4) does not employ or allow admittance of persons under the age of 18; and
5) generates at least 15% of its quarterly gross revenue from the sale of tobacco or
tobacco - related products.
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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.
SECTION 2. Smoking prohibited in certain public places.
a) 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:
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 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) Parks facilities and public libraries, including exterior corridors, and any area
within 30 feet of any public entrance thereto;
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;
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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.
21) Any location which is within thirty (30) feet of a street -front main entrance
where smoking is allowed or, if a business has a front patio where smoking is
allowed, within (30) feet of the boundaries of such patio.
SECTION 3. Smoking 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
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) 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 ordinance shall
have until April 19, 2016 to construct such barrier. Any bingo parlor established
after the effective date of this ordinance shall not be entitled to this exception and
shall comply with all other provisions of this ordinance;
6) Tobacco shops, tobacco bars, cigar bars, and vape shops;
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7) Bars operating as "smoking bars" as of the date of passage of this ordinance:
1, which do not allow admittance of persons under the age of 18;
2, 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
3. which do not have an open -aired outdoor patio.
A bar operating as a "smoking bar" as of the date of passage of this ordinance shall cease
operating as a "smoking bar" on or before December 31, 2017 and shall thereafter
comply with all provisions of this ordinance.
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 smoking, or other language that clearly
prohibits smoking; and
2) Remove all ashtrays from any area in which smoking is prohibited.
SECTION 6. 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.
SECTION 7. 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.
C
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SECTION 8. Penalties. Any person violating this ordinance shall, upon conviction, be
punished by a fine not to exceed Two Thousand Dollars ($2,000.00).
SECTION 9. Ordinance 2012 -367 is hereby repealed.
SECTION 10. 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
RIN
APPR( ED AN TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:...
VA
FILE REFERENCE FORM 2012-367
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
Re ealed b Ordinance No. 2015-121 04/21/15 JR
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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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s:llegal\our documentslordinances1121smoking regulations ordinance (12-18 lb).doc
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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Building Inspections
215 W. Hickory St., Denton, TX 76201 (940) 349-8360
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
Sept. 26, 2017
Dear Business Owner or Manager:
In April of 2015, Denton’s City Council passed Ordinance 2015-121 designating certain
establishments as nonsmoking. That ordinance stated that,
“A bar operating as a ‘smoking bar’ as of the date of passage of this ordinance
shall cease operation as a ‘smoking bar’ on or before December 31, 2017 and
shall thereafter comply with all provisions of this ordinance.”
Beginning on January 1, 2018, Building Inspections will include compliance with this ordinance
as part of our routine inspections. This will include checking for the presence of a conspicuous
sign at the main entrance reading “No Smoking, by City of Denton Ordinance” and ensuring that
ashtrays have been removed from areas in which smoking is prohibited.
Please see the attached ordinance and contact me if you have any questions.
Sincerely,
Emily Loiselle
Assistant Building Official
Office: (940) 249-8536
Email: Emily.Loiselle@cityofdenton.com