§ 29.5-4 DESIGNATION OF SMOKING ROOMS BY HOTEL AND MOTEL RESTRICTED.

   A hotel and motel may not designate more than 25% of its rooms that are rented for temporary overnight occupancy by the public as smoking rooms.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-5 OWNER/OPERATOR RESPONSIBILITIES.

   (a)   The owner and/or operator of a public place shall conspicuously post a “No Smoking” sign, the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) or other sign containing words or pictures that prohibit smoking:

      (1)   In each public place and workplace where smoking is prohibited by this chapter; and

      (2)   At each entrance to a public place or workplace.

   (b)   The owner/operator of a public place shall conspicuously post signs in areas where smoking is permitted under § 29.5-3.

   (c)   The owner/operator of a public place and an employer shall remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited.

   (d)   An owner/operator commits an offense if he or she violates any provision of this section.

   (e)   An owner/operator commits an offense if he or she knowingly allows a person to remain in a place under the owner/operator’s control while such person is smoking in violation of this chapter. This offense is punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

   (f)   It is not a defense to prosecution of any offense under this chapter that an owner/operator failed to post a sign required under this section.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-6 EMPLOYER RESPONSIBILITIES.

   (a)   Except as provided in § 29.5-3, an employer shall provide a smoke-free place of employment.

   (b)   Employers shall designate all areas of the place of employment including, but not limited to, conference rooms, break rooms, rest rooms and dining areas as nonsmoking.

   (c)   If an employer requires employees to work in an area described in § 29.5-3, the employer shall make reasonable accommodations for an employee who requests an assignment to a smoke free area.

   (d)   An employer shall notify each employee and applicant for employment in writing that:

      (1)   Smoking in the place of employment is prohibited; or

      (2)   Smoking is permitted in the place of employment because it is exempted from the prohibition of smoking under § 29.5-3.

   (e)   A person, employer, building manager, building owner or lessee commits an offense if he or she violates any provision of this section.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-7 VOLUNTARY DESIGNATION OF A NON-SMOKING FACILITY.

   Nothing in this chapter shall prevent the owner/operator of an enclosed area or public place from designating the entire facility and/or area as non-smoking.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-8 RETALIATION PROHIBITED.

   A person commits an offense if the person discharges, refuses to hire or retaliates against a customer, employee or applicant for employment because the customer, employee or applicant for employment reports a violation of this chapter.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-9 SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED.

   (a)   A person commits an offense if the person with criminal negligence:

      (1)   Sells, gives or causes to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age; or

      (2)   Sells, gives or causes to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.

   (b)   A retailer commits an offense if:

      (1)   An agent or employee of the retailer commits an offense under subsection (a) above; or

      (2)   The retailer, with criminal negligence, failed to prevent the offense through adequate supervision and training of the agent or employee.

   (c)   It is a defense to prosecution under subsection (a)(1) above that the person to whom the cigarette or other tobacco product was sold or given presented an apparently valid proof of identification.

   (d)   Proof of identification satisfies the requirements of subsection (c) above if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older and was issued by a governmental agency. The proof of identification may include a driver’s license issued by Texas or another state, a passport or an identification card issued by a state or the federal government.

   (e)   An offense under this section is a misdemeanor punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-10 VENDOR ASSISTED SALES REQUIRED.

   (a)   Except as provided by subsection (b) below, a retailer or other person may not offer cigarettes or tobacco products for sale in a manner that permits a customer direct access to the cigarettes or tobacco products.

   (b)   Subsection (a) above does not apply to:

      (1)   A facility or business that is not open to persons younger than 18 years of age at any time; or

      (2)   A retail tobacco stores as defined in this chapter.

   (c)   A person commits an offense if the person violates subsection (a) above.

(Ord. 17719, § 1, passed 8-21-2007)