ADMINISTRATIVE AREA.
Any enclosed indoor area, under the control of an employer, to which employees, but not the general public, except by specific invitation, have access to during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias.
ADULTS ONLY ESTABLISHMENT.
Any place of business that limits its customers to individuals 18 years of age or older and that employs no one below the age of 18. Businesses of this category may include restaurants, bars, sports bars, billiard halls, bingo parlors, retail tobacco shops or other comparable businesses.
AIR BARRIER.
A system that creates an air curtain to prevent the drift or penetration of tobacco smoke from a smoking area to a non-smoking area not allowing drift or penetration from the ceiling down to 24 inches above the floor.
AIR PURIFICATION SYSTEM.
An electrically powered hospital grade, hepa media filter that will clean all of the air in a designated smoking area every 15 minutes as follows: not less than 95% of three-tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses, and allergens and not less than 95% removal of gases, vaports, volatile organic compounds (V.O.C.) and odors and contains an air barrier system or other barrier system if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the non-smoking area.
BAR.
An establishment licensed by the State of Texas for the sale of alcoholic beverages that derives more than 75% of the establishment’s gross revenue from the on-premise sale of alcoholic beverages for on-premise consumption. For the purposes of this definition, gross revenue shall be calculated using the total amount of gross revenue received from the sale of alcoholic beverages and from the sale of food by the establishment for the preceding 12-month period. Such establishment shall make available to the city or its agents, during reasonable hours, its books and records for inspection if required by the city.
BILLIARD HALL.
A place of amusement whose chief purpose is providing the use of billiard/pool tables to the public.
BINGO PARLOR.
A facility regulated under V.C.S., Article 179d - “Bingo Enabling Act.”
BUS.
Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxi cab, designed and used for the transportation of persons for compensation.
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.
CITY.
The City of Mansfield.
EATING ESTABLISHMENT.
Any place where food is served for on-premises consumption and which is accessible by the public or a substantial group of the public.
ELECTRONIC VAPING DEVICE.
Any electronically or battery powered device designed to simulate the smoking of tobacco, cigarettes, pipes or cigars, that provides a vapor derived from liquid nicotine and/or other substances which is intended to be inhaled by a user thereof. The term includes such devices generally manufactured to resemble cigarettes, cigars, pipes or other smoking devices, regardless of the details of the product design, appearance or marketed name.
EMPLOYEE.
Any person, partnership, corporation, municipal corporation, non-profit entity, or other entity who employs the services of one or more individual persons.
EMPLOYER.
Any person who employs the services of an individual person.
ENCLOSED AREA.
An area closed in by a roof and walls with appropriate openings for ingress and egress.
HEALTH FACILITY.
Any institution that provides medical, surgical, and overnight facilities for patients, including but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices,
dentists’ offices, nursing homes, adult care facilities, convalescent homes, and residential treatment centers/homes.
LIQUID NICOTINE.
Any liquid product composed of nicotine, propylene glycol, vegetable glycerin, flavoring and/or other substances manufactured for use with an electronic vaping device.
MAJOR RENOVATION.
Changing the amount of floor space in a building by 1/3.
MINOR.
Any person under 18 years of age.
NET FLOOR AREA.
The total floor area of the interior of an eating establishment, excluding the kitchen, restrooms, storage areas, and offices.
PERSON.
Any individual, partnership, cooperative, association, corporation, or venture.
PHYSICAL BARRIER.
A barrier that will form an effective membrane continuous from outside wall to outside wall, from a smoke barrier to a smoke barrier, from floor to floor or roof above, or a combination thereof, including continuity through all concealed spaces, such as above suspended ceilings, interstitial structural and mechanical spaces. Transfer grilles, louvers and similar openings shall not be used in these partitions. Self closing, tight fitting doors are permitted in such barriers.
PLACE OF EMPLOYMENT.
Any enclosed area under the control of an employer including but not limited to work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias and hallways. A private residence shall not be considered a
PLACE OF EMPLOYMENT
.
PORTABLE AIR PURIFICATION SYSTEM.
A portable electrically powered hospital grade, hepa media filter that will clean all of the air in a designated smoking area every 15 minutes as follows: not less than 95% of three tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than 95% removal of gases, vapors, volatile organic compounds (V.O.C.) and odors.
PRIVATE CLUB.
Any building, premise or portion thereof which is permitted by the state and allowed by special use permit by the city as a private club for the storing, possession, and dispensing for on-premises consumption of alcoholic beverages. However,
PRIVATE CLUB
does not include a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations that are created by an organization distinct from a Texas Alcohol and Beverage private club membership.
PRIVATE FUNCTION.
The rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events, or other social functions.
PUBLIC BUSINESS.
Any deliberation between a quorum of members of any board, commission, department, committee or agency within the executive or legislative department of the State of Texas, or the City Council or any board or commission of the City of Mansfield at which any public business or public policy is discussed or considered or at which any formal action is taken.
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, marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a
PUBLIC PLACE
, nor is a facility while it is being used for a private function, such as a reception, party, and the like. Private clubs are not considered a
PUBLIC PLACE
.
RESTAURANT.
Any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled. The term includes any such place regardless of the duration of the permit or whether there is a charge for the food. The term includes, but is not limited to, a coffee shop, cafeteria, sandwich shop, private or public school cafeteria, and any other eating establishment that gives or offers food to the public, guests, or employees, including catering facilities. The term shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a “bar” as defined in this section. The term does not include private homes where food is prepared or served for guests and individual family consumption.
RESTRICTED SMOKING MATERIAL.
Any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical:
(1) Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues;
(3) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10 ,10a-tetrahydrobenzo[c]chromen-1-ol) (also known as HU-211 or Dexanabinol);
(4) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(5) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
(6) 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081).
Products containing some of the above substances are currently being marketed under the following commercial names: “K-2", “K-2 SUMMIT”, “K-2 SEX”, “GENIE”, “DASCENTS”, “ZOHAI”, “SAGE”, “SPICE”, “KO KNOCK-OUT 2", “SPICE GOLD”, “SPICE DIAMOND”, “YUCATAN FIRE”, “SOLAR FLARE”, “PEP SPICE”, “FIRE N’ ICE”, AND “SALVIA DIVINORUM”. It is anticipated by the Council that new products will be marketed under different names but will be subject to this definition if they contain any of the chemical components set forth above.
RESTRICTED SMOKING MATERIAL PARAPHERNALIA.
Any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include:
(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) A water pipe;
(3) A carburetion tube or device;
(4) A smoking or carburetion mask;
(5) A chamber pipe;
(6) A carburetor pipe;
(7) An electric pipe;
(8) An air-driven pipe;
(9) A chillum;
(10) A bong; or
(11) An ice pipe or chiller.
For purposes of interpretation and enforcement, the term
USED
as found in this definition shall mean
CUSTOMARILY USED
.
RETAIL OR SERVICE ESTABLISHMENT.
Any establishment which sells goods or services to the general public.
RETAIL TOBACCO STORE.
A retail store whose primary business is the sale of tobacco products and accessories and in which the sale of products is merely incidental.
SELL.
To offer for sale, convey, exchange, barter, or trade.
SERVICE LINE.
Any indoor line or area where persons wait for goods or service 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.
The combustion of any cigar, cigarette, pipe , tobacco product, weed, plant, or other combustible substance and the use of any electronic vaping device as defined herein.
SPORTS ARENA.
Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
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 SHOP.
A retail establishment whose annual gross revenues from the sale of tobacco products and smoking accessories are at least 50% of total revenue.
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 IDENTIFICATION.
A valid driver’s license or an identification card issued by the Department of Public Safety which contains a physical description and a photograph consistent with the person’s appearance. 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.
VENTILATION SYSTEM.
A HVAC system designed by a licensed professional engineer to meet the requirements of this subchapter and all other requirements of the city’s building code. A ventilation system must provide an air change every 15 minutes; exhaust the air to the exterior of the building and the air from the smoking area cannot be drawn across the non-smoking area; and has an air barrier system, if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the non-smoking area.
WORKPLACE.
Any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional or business services of a business entity, or which provide primarily clerical, professional or business services to other business entities or to the public at that location.
(‘78 Code, § 9-81) (Ord. 741, passed 5-19-87; Am. Ord. 1309, passed 4-10-00; Am. Ord. OR-1737-09, passed 2-9-09; Am. Ord. OR-1773-10, passed 6-28-10; Meeting Minutes 6-28-10; Am. Ord. OR-1910-14, passed 4-29-14)