O-2016-3730 - 9/8/2016 1 ORDINANCE NO. 0-2016-3730
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3
4 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE IX, CODE OF
5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, TO
6 PROHIBIT VAPING IN PUBLIC PLACES; AND PROVIDING FOR A
7 SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
8 AND RESOLUTIONS.
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
11 TEXAS:
12 I.
13 That Chapter 14, Article IX, Code of Ordinances (2010 Edition), City of Round
14 Rock, Texas, is hereby amended to read as follows:
15 ARTICLE IX. SMOKING OF TOBACCO PRODUCTS AND VAPING IN PUBLIC PLACES isl
16 Sec. 14-241. Definitions.
17 Sec. 14-242. Prohibition.
18 Sec. 14-243. Exemptions.
19 Sec. 14-244. Requirements for designated smoking/vaping bars.
20 Sec. 14-245. Unlawful.
21 Sec. 14-246. I niunction.
22 Secs. 14-247-14-270. Reserved.
23 Sec. 14-241. Definitions.
24 The following words, terms and phrases, when used in this article, shall have the meanings ascribed
25 to them in this section, except where the context clearly indicates a different meaning:
26 Air purification system means an electrically powered hospital grade filter that:
27 (1) Has an air-exchange rate of four times per hour or once every 15 minutes for the designated
28 smoking/vapinq bar;
29 (2) As its first stage, contains a minimum 30 percent rated pleated prefilter;
30 (3) As its second stage, contains a HEPA filter media that is rated to remove not less than 99.97
31 percent of 0.3 microns; and
32 (4) As its third stage, contains an industrial grade processed carbon composite adsorber filter
33 specifically designed for removal of environmental tobacco smoke, vapor, and gases.
34 Bar means any establishment:
35 (1) That derives more than 50 percent of its gross receipts from the sale of alcoholic beverages;
36 (2) That is not located within, and does not share any common entryway or common enclosed area
37 (other than a covered sidewalk or pedestrian way) with any other place not otherwise listed in
38 section 14-243(a); and
0112.1604;00364137
1 (3) In which the serving of food, if any, is merely incidental to the primary business of serving
2 alcoholic beverages.
3 Common areas means areas such as restrooms, lobbies, service line areas, public telephone areas,
4 and other areas commonly used by the public.
5 Designated smoking/vaping bar means a bar which serves food and/or mixed drinks and which the
6 owner or operator has designated all or any portion thereof for smoking and/or vapinq. All designated
7 smoking/vapinq bars shall be equipped with an air purification system and/or an exhaust system, which
8 shall be designed by a professional engineer and shall otherwise comply with the requirements of section
9 14-244.
10 Electronic cigarette or e-cigarette means any product containing or delivering nicotine or any other
11 substance intended for human consumption that can be used by a person to simulate smoking through
12 inhalation of vapor or aerosol from the product. The term includes any such device, whether
13 manufactured, distributed, marketed, or sold as an e-cigarette, e-ciqar, e-pipe, e-hookah, or vape pen, or
14 under any other product name or description.
15 Enclosed area means any area covered by a roof and having at least one wall. Vehicular drive-
16 through lanes and open outdoor concourses of sports arenas shall not be considered enclosed areas.
17 Exhaust means air removed from a space and discharged to the exterior of the building.
18 Health care facility means any office or institution providing individual care or treatment of human
19 medical, physiological or psychological illness, which definition shall include but not be limited to
20 hospitals, doctor's offices, nursing and convalescent homes and senior citizen residential facilities.
21 Nonprofit private club means any building, premises or portion thereof which is wholly owned or
22 leased and operated by an organization meeting the requirements of chapter 501(c) of the United States
23 Internal Revenue Code, as amended.
24 Place of employment means any enclosed area under the control of a public or private employer and
25 which employees normally frequent during the course of employment, including but not limited to work
26 areas, employee and employer offices, employee lounges, employee restrooms, conference rooms and
27 employee cafeterias. A residence, including a home occupation, is not considered to be a place of
28 employment.
29 Public conveyance means any mass transit vehicle or school bus.
30 Public place means any enclosed area to which the public is invited or in which the public is
31 permitted, not including the offices or work areas not entered by the public in the normal course of
32 business or use of the premises. A residence is not a public place.
33 Retail tobacco store means an establishment whose primary purpose is to offer for sale, and sell to
34 consumers, tobacco and tobacco products and accessories.
35 Retail vaping store means an establishment whose primary purpose is to offer for sale, and sell to
36 consumers e-cigarettes, vapinq products and/or vaping accessories.
37 Service line means a line of persons formed for the securing of a service or product on a first-come
38 first-served basis.
39 Smoking means the lighting, holding, carrying of, inhaling and exhaling of the smoke of a tobacco
40 product, which definition includes but is not limited to the carrying or holding of a lighted pipe, cigar or
41 cigarette of any kind or any other lighted smoking equipment or device.
42 Sports arena means an indoor or outdoor facility primarily used for sports, cultural or other similar
43 events.
44 Tobacco product means the product derived from the dried leaves of any one of the various species
45 of Nicotiana, including, but not limited to, the species Nicotiana tabacum, the broad leafed native
46 American plant, which is utilized for smoking.
47 Vape or Vapinq means the act of inhaling and exhaling the vapor emitted by an e-cigarette.
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1 Sec. 14-242. Prohibition.
2 (a) Except as provided in section 14-243(a), smoking and/or vapinq is unlawful inside of and outside
3 within five feet of any entrance or open window of the following places:
4 (1) Common areas, except as provided in section 14-243(a).
5 (2) Elevators.
6 (3) Places of employment.
7 (4) Public conveyances.
8 (5) Public places.
9 (6) Public restrooms.
10 (7) Taxicabs.
11 (8) Service lines.
12 (9) Sports arenas.
13 (b) No smoking and no vaping shall be designated by signs posted in conspicuous locations located at
14 any entrance to and within all public places and places of employment. Such signs shall be visible to
15 the public and clearly recite the phrase "No Smoking, No Vapinq" and/or use the international no-
16 smoking and no vaping symbols.
17 Sec. 14-243. Exemptions.
18 (a) Smoking and vaping is lawful in the following places:
19 (1) Retail tobacco stores and retail vaping stores, including any common areas.
20 (2) Smoking and/or vaping as a part of a theatrical production.
21 (3) In bars, including common areas, which do not serve food and which serve alcoholic beverages
22 pursuant to a wine and beer retailer's permit issued by the state alcoholic beverage
23 commission.
24 (4) Subject to compliance with section 14-244, in a designated smoking/vaping bar.
25 (5) Separate patient care and/or sleeping quarters of health care facilities and convalescence
26 facilities which have been designated as a smoking/vaping room by the owner or operator,
27 provided however that lobbies, hallways and other common or public areas shall be remain
28 nonsmoking or a., no smoking and no vapinq areas.
29 (6) Hotel and lodging rooms, provided however that hotel lobbies, hallways and other public areas
30 shall-be nonsmoking areas remain no smoking and no vaping areas.
31 (7) Open outdoor concourse of a sports arena, which has been designated as a smoking/vaping
32 area by the owner or operator.
33 (8) Non-profit private clubs.
34 (b) The owner or operator of all public places listed in subsection (a) of this section that have both no
35 smoking/no vapinq and areas where smoking/vaping is permitted areas shall post signs in
36 conspicuous locations located at any entrance to and within such public places. Such signs shall be
37 visible to the public and clearly recite the phrase "Smoking or Vaping lin Designated Areas Only."
38 (c) The owner or operator of all public places listed in subsection (a) of this section where the entire
I 39 premises is or has been designated as a smoking/vapinq area shall post signs in conspicuous
40 locations located at any entrance to and within such public places. Such signs shall be visible to the
41 public and clearly recite the phrase "Smoking and/or Vaping is Permitted Throughout the Premises."
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I Sec. 14-244. Requirements for designated smoking bars.
2 (a) In order to have a designated smoking/vapinq bar, the owner or operator of a bar not included within
3 section 14-243(a)(5) must have a valid permit issued therefor by the city pursuant to subsection (b)
4 of this section and shall:
5 (1) Provide the designated smoking/vaping bar with exhaust and/or air purification systems that will
6 provide a minimum of four air changes per hour for the entire designated smoking/vaping bar;
7 (2) Properly maintain in accordance with manufacturer's recommendations the exhaust and air
8 purification systems used in designated smoking/vapinq bars and keep a log and receipts for all
9 such maintenance, including filter replacement;
10 (3) Allow city personnel to inspect such systems and maintenance logs at all reasonable times;
11 (4) Provide signs conspicuously posted in the bar which state "SmokingNaping In this Area Only"
12 or, if the entire premises has been designated a smoking bar, provide signs conspicuously
13 posted at any entrances which state "SmokingNaping is Permitted Throughout the Premises";
14 and
15 (5) Provide receptacles for the extinguishment of smoking materials located within all designated
16 smoking/vaping bars.
17 (b) In order to maintain a designated smoking/vaping bar, the owner or operator of the premises must
18 apply for and receive a permit issued by the city in compliance with the following:
19 (1) An application for the permit shall be submitted on forms provided by the city.
20 (2) The fee for processing the application shall be as currently established or as hereafter adopted
21 by resolution of the city council from time to time.
22 (3) Prior to the permit being issued, the system as described in subsection (a)(1) of this section for
23 the proposed designated smoking/vapinq bar must successfully pass a test showing the system
24 works properly.
25 (4) If the system fails two successive tests, the applicant shall pay a re-testing fee as currently
26 established or as hereafter adopted by resolution of the city council from time to time for each
27 additional test.
28 (c) The owner or operator of a designated smoking/vaping bar shall be required to pass additional tests
29 from time to time as determined by the city.
30 (d) Failure to pass a test shall result in the denial of the application for a permit, or the revocation of an
31 existing permit to operate a designated smoking/vaping bar, and the bar shall be deemed to be
32 nonsmoking and non-vaping until successfully tested or retested.
33 (e) Failure to maintain the exhaust and/or air purification systems so that said systems will not provide a
34 minimum of four air changes per hour for the entire designated smoking/vapinq bar shall result in the
35 revocation of an existing permit to operate a designated smoking/vapinq bar, and such bar shall be
36 deemed to be nonsmoking and non-vapinq until such time that it can be demonstrated that said
37 systems are operating satisfactorily.
38 Sec. 14-245. Unlawful.
39 A person commits an offense if he:
I 40 (1) Knowingly, intentionally or by criminal negligence smokes or vapes in an area designated as
41 prohibited under section 14-242;
42 (2) Knowingly, intentionally or by criminal negligence fails to post any sign as required by this
43 article;
44 (3) Knowingly, intentionally or by criminal negligence fails to designate nonsmoking and non-vapinq
45 areas and smoking and vapinq areas as required by this article;
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1 (4) Knowingly, intentionally or by criminal negligence designates or maintains a smoking/vaping
2 area in violation of the requirements of this article; or
3 (5) Knowingly, intentionally or by criminal negligence violates any other provision of this article.
4 Sec. 14-246. Injunction.
5 In accordance with V.T.C.A., Local Government Code § 54.016, the city may obtain against the
6 owner or owner's representative with control over the premises an injunction that:
7 (1) Prohibits specific conduct that violates this article; and/or
8 (2) Requires specific conduct that is necessary for compliance with this article.
9 Secs. 14-247-14-270. Reserved.
10 II.
11 This Ordinance shall be effective on and after January 1, 2017.
12 III.
13 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
14 expressly repealed.
15 B. The invalidity of any section or provision of this ordinance shall not
16 invalidate other sections or provisions thereof.
17 C. The City Council hereby finds and declares that written notice of the date,
18 hour, place and subject of the meeting at which this Ordinance was adopted was posted
19 and that such meeting was open to the public as required by law at all times during
20 which this Ordinance and the subject matter hereof were discussed, considered and
21 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
22 Government Code, as amended.
23 READ and APPROVED on first reading this the day of
24 P '7' , 2016.
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READ, APPROVED and ADOPTED on second reading this the 7T--_day of
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, 2016.
3 07n
4
5 ALAN MCGRAW, Mayor
6 City of Round Rock, Texas
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8 ATTEST:
9 kiet4
l i SARA L. WHITE, City Clerk
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