The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.
BILLIARD HALL. A place of amusement whose chief purpose is providing the use of billiard/pool tables to the public for a fee.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making or non-profit purposes, including, but not limited to, banks, laundromats, hotels, motels, retail establishments, professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
CIGAR LOUNGE. An establishment where onsite sales of cigar products and cigar accessories for consumption or use on the premises is at least 30% of its gross annual sales and is restricted to individuals 18 years of age and above.
CITY. The City of Fort Worth.
CUSTOMER DIRECT ACCESS. That a customer has access to a product without the assistance of the vendor.
DELIVER. To actually or constructively transfer possession of a tobacco product from one person to another and includes an offer to transfer possession from one person to another.
ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE. Any person who is employed for the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit or non-profit entity.
EMPLOYER. Any person, partnership, corporation, municipal corporation, non-profit entity or other entity who employs the services of one or more individual persons.
ENCLOSED AREA. An area closed in by a roof and walls with appropriate openings for ingress and egress.
HEALTH CARE FACILITY. Any institution that provides medical, surgical and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s offices, dentist’s offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes.
MINOR. Any person under 18 years of age.
PARK. The areas of land dedicated and used as parkland, or city-owned land used for a park or recreational purpose that is under the administrative control of the park and recreation department. The term includes the botanic garden, buildings, playgrounds, athletic fields, nature preserves, swimming pools and parking lots, driveways, pathways, trails and other areas within a park. The term does not include the outdoor areas of a city golf course or the unenclosed areas of Will Rogers Memorial Center.
PERSON. Any individual, partnership, cooperative, association, corporation or venture.
PLACE OF EMPLOYMENT. Any enclosed area under the control of an employer including, but not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, employee cafeterias and hallways. A private residence shall not be considered a PLACE OF EMPLOYMENT.
PRIVATE CLUB. A building or portion thereof that is owned, leased or otherwise occupied by an organization, whether incorporated or not, exclusively for use at all times solely for the recreational, fraternal, social, patriotic, political, benevolent or athletic purpose of the organization, but not for pecuniary gain, and at which alcoholic beverages are sold only incidentally in connection with such operations; provided that this term only applies to an organization (i) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by its members at an annual meeting; (ii) whose activities are governed by established bylaws, a constitution, or other published articles; and (iii) which has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
PRIVATE FUNCTION. The rental of a ballroom, private club or other facility for the sole purpose of entertaining, private parties, events or other social functions that the general public is not able to attend.
PUBLIC PLACE. Any enclosed area in which the public is invited or permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, bars, bingo parlors, marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, bowling alleys and billiard halls.
RETAIL SMOKE SHOP. A store that derives 90% or more of its gross annual sales from the sale of tobacco, cigarettes, smoking and electronic smoking devices, or related products and accessories and does not sell alcoholic beverages for onsite consumption.
RETAILER. A person who sells goods or services to the general public.
SELL. To offer for sale, convey, exchange, barter or trade.
SERVICE LINE. Any line or area where persons wait for goods or services of any kind, regardless of whether or not an exchange of money will occur. Such service includes, but is not limited to, sales, giving of information, directions, advice and the transfer of money or goods.
SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, tobacco product, electronic smoking device, weed, plant or other combustible substance whose smoke is intended to be inhaled.
TOBACCO PRODUCT. Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.
TOBACCO VENDING MACHINE. Any mechanical, electric or electronic self-serving device which, upon insertion of money, tokens or any other form of payments, dispenses tobacco products.
VALID PROOF OF IDENTIFICATION. A driver’s license or an identification card issued by Texas or another state, a passport or an identification card issued by a state or the federal government and that contains a physical description and a photograph consistent with the person’s appearance.
VENDOR-ASSISTED SALE. A sale in which only the vendor has had access to a tobacco product and assists the customer by supplying the product to the customer when it is purchased.
(Ord. 17719, § 1, passed 8-21-2007; Ord. 23047-12-2017, § 1, passed 12-12-2017, eff. 3-12-2018; Ord. 23221-05-2018, § 1, passed 5-15-2018, eff. 8-13-2018)