(a) A person commits an offense if he smokes:
(1) in any indoor or enclosed area in the city;
(2) within 15 feet of any entrance to an indoor or enclosed area in the city;
(3) in any area designated as nonsmoking by the owner, operator, or person in control of the area and marked with a no smoking sign complying with Section 41-3; or
(4) on park property.
(b) An owner, operator, or person in control of an indoor or enclosed area in the city commits an offense if he, either personally or through an employee or agent, permits a person to smoke in the indoor or enclosed area.
(c) For purposes of this chapter, an indoor or enclosed area includes but is not limited to the following:
(1) An elevator.
(2) A hospital or nursing home.
(3) Any facility owned, operated, or managed by the city.
(4) Any retail or service establishment.
(5) Any workplace.
(6) Any facility of a public or private primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.
(d) It is a defense to prosecution under Subsection (a)(1), (a)(3), or (b) of this section if the person was smoking in a location that was:
(1) a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;
(2) a stage or set of a production of a television program, a theatrical presentation, or a motion picture or filming event where smoking by an actor or performer is essential to the production;
(3) a cigar bar that:
(A) was lawfully operating as a cigar bar on December 10, 2008 (except that this defense does not apply if the cigar bar is expanded, is relocated, or changes majority ownership after December 10, 2008);
(B) does not open into any other indoor or enclosed area in which smoking is prohibited under this section;
(C) is not generally accessible by a minor; and
(D) keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the cigar bar;
(4) a tobacco shop that:
(A) does not open into any other indoor or enclosed area in which smoking is prohibited under this section; and
(B) keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the tobacco shop;
(5) an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:
(A) the outdoor seating area is adjacent to a playground or play area for children; or
(B) the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3; or
(6) a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner, operator, or person in control of the hotel or motel.
(e) It is a defense to prosecution under Subsection (a)(2) of this section if the person was smoking in a location that was an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:
(1) the outdoor seating area is adjacent to a playground or play area for children; or
(2) the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3.
(f) It is a defense to prosecution under Subsection (a)(4) of this section if the person was smoking in a location that was:
(1) a golf course, if the location was:
(i) between the tee box of the first hole and the end of the green of the 18th hole;
(ii) on the driving range; or
(iii) on the outdoor patio;
(2) the Elm Fork Shooting Range; or
(3) at a park partner site. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168; 27440; 30258)