For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EDUCATIONAL FACILITY. Any day care facility, nursery school, elementary school, middle school, junior high school, senior high school, vocational school, special education center, college or university.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages, commissions or profits and any contract employee; or any volunteer who, except for monetary wages, acts in a capacity essentially similar to an employee.
EMPLOYER. Any person, partnership, corporation, association or other entity who employs the services of one or more persons.
ENCLOSED AREA. All space between floor and ceiling that is enclosed on all sides by smoke-impermeable walls or windows (exclusive of doorways) that extend from that floor to the ceiling, including all space therein screened by partitions, “office landscaping” or similar structures that do not extend from the floor to the ceiling or are not smoke impermeable.
EXCEPTION AREA.
(1) EXCEPTION AREA means any area in which smoking is permitted pursuant to § 94.046 of this chapter. Except as otherwise prohibited by this subchapter, one or more EXCEPTION AREA may be created within an enclosed area; provided, however, that:
(a) The exception area created within an enclosed area shall be no larger than 30% of the total public accessible floorspace and shall be separate from the other areas. Notwithstanding these requirements, the following areas may, but need not be, designated, at the option of the owner, as
EXCEPTION AREAS in their entirety only:
1. A tobacco specialty shop;
2. A hotel or motel sleeping room rented to guests;
3. Bars;
4. Bowling centers; and
5. A private enclosed office workspace as defined in this subchapter.
(b) If the
EXCEPTION AREA does not constitute the entirety of an enclosed area, it shall be located by the exhaust system of the enclosed area, if any, or otherwise located and ventilated so that smoke is not drawn into or across any area where smoking is prohibited;
(c) The
EXCEPTION AREA shall be designated in conformity with the requirements of this subchapter; and
(d) An indoor facility used for sporting, civic or cultural events may have an exception area in the spectator seating area; provided, the area is enclosed and does not occupy more than 10% of the available seating area.
(2) The
EXCEPTION AREA shall not include the following areas:
(a) Elevators;
(b) Restrooms;
(c) Retail establishments (other than as stated in this subchapter in restaurants, bars, hotel/motel rooms, private office workspace, bowling centers, common areas of malls and shopping centers and tobacco specialty shops);
(d) Lobbies and seating areas of theaters;
(e) Waiting areas;
(f) Spectator seating areas of indoor facilities being used for sporting, civil or cultural events except as set forth in division (1)(d) of this definition;
(g) Public meeting rooms; and
(h) Areas where smoking is prohibited by the Fire Code or any other applicable ordinance or regulation of the city.
LOUNGE BAR. All areas of any establishment having 50% of its gross sales from sale of alcoholic beverages for on-premises consumption, including any establishment which operates under a permit or license issued under the Texas Alcoholic Beverage Code and which meets this requirement.
PLACE OF EMPLOYMENT. Any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms and employee cafeterias. A private residence is not a PLACE OF EMPLOYMENT.
POSITIVE EXTINGUISHMENT. A facility designed for the safe extinguishment of burning tobacco products, using sand or water as its primary extinguishment element.
PUBLIC PLACE.
(1) An enclosed indoor area at any time during which the public is admitted by general invitation or is otherwise given a generally unrestricted access to any portion of the enclosed area, excepting and excluding bars as that term is defined in this section. A
PUBLIC PLACE shall include, but is not limited to, an indoor enclosed area at any time during which it is being utilized in whole or in part for any of the following purposes:
(a) Commercial establishments, including, but not limited to, retail establishments and restaurants;
(b) A vehicle of public ground transportation, including, but not limited to, taxicabs, limousines for hire, trains, buses, ferries and trolleys;
(c) Elevators;
(d) Libraries, educational facilities, museums, auditoriums, art galleries and meeting rooms, except as set forth in § 94.046 of this chapter;
(e) Hotels and motels;
(f) Health care facilities, including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes and doctors’ and dentists’ offices;
(g) Places of entertainment, including, but not limited to, gymnasiums, theaters, concert halls and arenas;
(h) Restrooms;
(i) Railroad, trolley, cruise ship and bus stations and airports;
(j) Convention centers and civic centers; and
(k) Governmental facilities, including, but not limited to, all governmental vehicles.
(2) The imposition of a fee, use charge, membership requirement or other condition of entry to an enclosed area shall not prevent the area from being constituted a
PUBLIC PLACE.
RESTAURANT. Any food service establishment where food is prepared and intended for individual portion service, and includes the site where individuals’ portions are provided. The term includes, but is not limited to, a coffee shop, cafeteria, luncheonette, cocktail lounge, sandwich stand, soda fountain and any other eating establishment, organization, club, including a veterans’ club, boardinghouse or guesthouse, and delicatessen-type operations, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. This term does not include private homes, grocery stores, the location of vending machines and supply vehicles.
RESTAURANT BAR. Any area of a restaurant, excluding the dining area, that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food service, if any, is only incidental to the consumption of such beverages.
RETAIL ESTABLISHMENT. Any enclosed area in any portion of which goods or services of any nature are sold or offered for sale directly to consumers, including, but not limited to, grocery stores, convenience stores, dry goods stores, banks, department stores and specialty stores.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SMOKE and SMOKING. Include the carrying or holding of a lighted pipe, cigar or cigarette or any other lighted smoking equipment or device which contains a burning tobacco product, and the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette or other tobacco product of any kind.
SPORTING EVENT. Any indoor area being occupied for any event wherein an individual or team of individuals participates in an athletic endeavor which requires physical exertion, including, but not limited to, the following activities: baseball, football, basketball, hockey, soccer, tennis, wrestling, boxing, swimming or other water sports, volleyball, gymnastics, handball, skating (ice and roller), weight lifting, fencing, martial arts related sports, table tennis, rodeo, track and field games and horse and dog racing.
TOBACCO SPECIALTY SHOP. An enclosed area utilized primarily for the sale of tobacco products and accessories and to which the sale of other products is merely incidental.
(1998 Code, § 62-141)