G-93-07-08-8A - 7/8/1993ORDINANCE NO. 0--q3-07- Qg- Yfi
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.400, CODE
OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK TO
REGULATE THE SMOKING OF TOBACCO PRODUCTS IN PUBLIC
PLACES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City Council acknowledges that there are studies
by the Surgeon General of the United States, the National Academy
of Sciences, and other health organizations which link passive
exposure to tobacco smoke, referred to as secondhand smoke, to a
variety of negative health conditions in non-smokers; and
WHEREAS, the City Council recognizes that the Surgeon General
of the United States has declared that smoking is the number one
public health issue of our time; and
WHEREAS, the City Council has found that smoking is also a
detriment to the economic health of a business; and
WHEREAS, the City Council recognizes that there is
significant evidence that smoking creates a danger to the health of
some residents, and is a cause of annoyance and discomfort to those
who are in confined spaces where tobacco smoke is present; and
WHEREAS, the City Council seeks to strike a reasonable
balance between the rights of individuals to smoke and the rights
of individuals to have a smoke-free environment by regulating
smoking in certain public places and places of employment; and
WHEREAS, in order to protect the health and welfare of those
residents, as well as to protect the rights of those individuals
KS/ORDINANC/OR0610z3
who smoke and those individuals who desire a smoke-free
environment, the City Council has found it necessary to restrict
smoking in public places except as authorized herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS, THAT:
I.
The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and
are incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
II.
That Chapter 6, Section 6.400, Code of Ordinances (1990
Edition), City of Round Rock is hereby amended to read as follows:
SECTION 6.400 SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES
6.401 DEFINITIONS
(1) 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.
(2) Bar or Cocktail Lounge. Any establishment or place
within a restaurant primarily engaged in the business
of dispensing alcoholic or other beverages and where
food is served in the form of a snack or appetizer.
(3) Bingo Hall. Any club, fraternal organization, or like
facility where bingo is played.
(4) Designated Employee Smoking Area. An area located in
an administrative area which is not accessible to
members of the general public, where smoking by
employees is allowed by the owner, lessee or other
person in charge of the public place. A designated
smoking area may include, but is not limited to,
individual private offices, stockrooms, employee
lounges, breakrooms or meeting rooms. The designated
2.
smoking area shall physically be separated by
architectural features to prevent members of the public
and nonsmoking employees from being subjected to smoke.
Nothing herein shall prohibit an employer from
establishing an outdoor area as the designated employee
smoking area.
(5) Employee. Any person who is employed by an employer in
consideration for monetary compensation or profit.
(6) Employer. Any person, partnership, corporation,
association, or other entity that employs one or more
persons.
(7) Enclosed Area. Any area covered by a roof and
surrounded by walls with appropriate openings of
ingress and egress.
(8) Health Care Facility. Any office or institution
providing individual care or treatment of human
medical, physiological or psychological illness, which
definition shall include but not be limited to
hospitals, doctor's offices, nursing and convalescent
homes and senior citizen residential facilities.
(9) Person. Any individual, firm, partnership,
association, corporation, company or organization of
any kind.
(10) Place of Employment. Any enclosed area under the
control of a public or private employer which employees
normally frequent during the course of employment,
including but not limited to work areas, employee
lounges, employee restrooms, conference rooms and
employee cafeterias. A residence, including a home
occupation, is not considered by this section to be a
place of employment.
(11) Public Conveyance. Any mass transit vehicle or school
bus.
(12) Public Meeting. Any gathering or assembly of
individuals held in any room or chamber wherein public,
civic or governmental business is conducted and which
is open to the public either as participants or
spectators.
(13) Public Place. Any enclosed area to which the public is
invited or in which the public is permitted, not
including the offices or work areas not entered by the
public in the normal course of business or use of the
premises. A residence is not a public place.
(14) Restaurant. Any structure or premises where the
principal activity involves the serving of prepared
food with or without alcohol, except where the
3.
definition of Bar or Cocktail Lounge here is met, for
customers' on -premises or off -premises consumption.
Cafeterias and lunch counters are included in this
definition while drive-in eating establishments are
not.
(15) Retail Store. An establishment whose purpose is to
offer for sale and sell to consumers, not for resale,
goods, wares, merchandise and food, which items are
purchased for use and/or consumption off the premises.
(16) Service Line. A line of persons formed for the
securing of a service or product on a first-come first-
served basis.
(17) Smoking. The lighting, holding, carrying of, inhaling
and exhaling of the smoke of a tobacco product, which
definition includes but is not limited to the carrying
or holding of a lighted pipe, cigar or cigarette of any
kind or any other lighted smoking equipment or device.
(18) Sports Arena. An indoor facility primarily used for
sports, cultural or other similar events.
(19) Theater. Any indoor facility primarily used for the
exhibition of any motion picture, stage drama, musical
recital, musical concert, dance, lecture or other
similar performance.
(20) Tobacco Product. The product derived from the dried
leaves of any one of the various species of Nicotine,
including but not limited to the species Nicotine
Tabacum, the broad leafed native American plant, which
is utilized for smoking.
6.402 PROHIBITION
(1) Except as provided below, smoking is unlawful in the
following public places during the hours in which they
are open to the public:
(a) Art galleries, libraries, museums, and similar
cultural facilities.
(b) Classrooms and lecture halls.
(c) Elevators.
(d) Health care facilities.
(e) Public conveyances.
(f) Public meetings.
(g) Public places.
(h) Restaurants.
(i) Retail stores.
(j) Taxicabs.
(k) Theaters.
(1) Service lines.
(m) Shopping centers and malls.
(n) Sports arenas.
4.
In each instance, no -smoking shall be designated by
signs posted in conspicuous locations located at any
entrance to and within such areas. Such signs shall be
visible to the public and clearly recite the phrase "No
Smoking" and/or use the international no -smoking
symbol.
6.403 EXEMPTIONS
(1) Smoking is lawful in the following public places:
(a) Retail tobacco stores whose primary activity is
the sale or promotion of tobacco and tobacco
products and accessories.
(b)
Enclosed areas of shopping centers and malls that
are external to the retail stores would be no -
smoking except for areas that would be designated
as smoking areas.
(c) Smoking as a part of a theatrical production.
(d) Designated areas of restaurants and bingo halls,
whether currently in existence or to be
established in the future, with an indoor seating
capacity of fifty (50) or more where less than
fifty percent (50%) of the indoor seating
capacity is designated as a "Smoking Area." In
areas where smoking is permitted, existing
physical barriers and ventilation systems shall
be used to minimize the smoke in adjacent no -
smoking areas. No -smoking and smoking areas
shall be designated by signs visible to the
public.
(e) In restaurants with a seating capacity of less
than 50 seats, whether currently in existence or
to be established in the future, where the
lessee, or person in charge has designated the
entire restaurant as a smoking area. If the
entire restaurant is designated a smoking area,
the owner, lessee or persons in charge shall
place a sign or signs at each entrance to the
restaurant which are clearly visible and state
that smoking is permitted throughout the
premises.
(f)
Designated areas of bowling centers, whether
currently in existence or to be established in
the future, with ten or more lanes, where less
than fifty percent (50%) of the bowling center
accessible to patrons is designated as a "Smoking
Area". The pit area of the bowling lanes shall
not be designated as a "Smoking Area". In areas
where smoking is permitted, existing physical
barriers and ventilation systems shall be used to
5.
minimize the smoke in adjacent no -smoking areas.
No -smoking and smoking areas shall be designated
by signs visible to the public.
(g) Bars or cocktail lounges.
(h) Designated areas of health care facilities; each
such facility shall designate separate rooms,
including in-patient sleeping quarters, and areas
in which smoking is permitted, using physical
barriers and ventilation systems to minimize the
smoke in adjacent no -smoking areas. No -smoking
and smoking areas shall be designated by signs
visible to the public.
Designated areas of theater lobbies that are
physically separate from the spectator areas.
No -smoking and smoking areas shall be designated
by signs visible to the public.
(j) Rooms of a restaurant utilized for private
functions or banquets
(k) Hotel and lodging rooms; provided however that
hotel lobbies, hallways and other public areas
shall be no -smoking areas.
(1) In a location that is a designated employee
smoking area of a public place described in
subsection 6.404, which is posted as a Designated
Employee Smoking Area with appropriate signs.
(i)
6.404 DESIGNATED EMPLOYEE SMOKING AREAS
(1) The owner, lessee or other person in charge of a public
place may, but is not required to, designate one or
more areas as smoking areas for the use of the
employees as part of the smoking policy provided for in
subsection 6.405. A Designated Employee Smoking Area
may include private enclosed offices and other areas of
the workplace which are not accessible to by members of
the general public, but may be occupied by members of
the public at specific invitation. Designated employee
smoking areas shall be located in administrative areas
only. In no event shall an employee restroom be
designated as an employee smoking area.
(2) If a designated employee smoking area is designated,
each such smoking area shall:
(a) be in an area set aside for the use of all
employees, but not accessible to members of the
general public except by specific invitation of
the employer or employee;
6.
(3)
(b) be no larger in size than proportionate to the
preference of smoking employees normally
requesting a smoking area, and such area size can
be determined by the owner, lessee or other
person in charge;
(c) be situated so that ventilation or architectural
barriers prevent the entry of smoke into adjacent
nonsmoking areas, and so that smoke from the
smoking area is not drawn into or across a
nonsmoking area by any means of ventilation;
(d) be designated by appropriate signs which are
clearly visible to employees and members of the
public entering the area;
(e)
(f)
contain ashtrays, containers or other facilities
for the extinguishment of smoking materials, and
be set apart and physically separated from
nonsmoking areas.
In the event the owner, lessee or person in charge of
a public place can show to the satisfaction of the City
Manager that the employees normally requesting a
smoking area constitute such a large portion of the
users of the public place, that it is impracticable for
the owner, lessee, or person in charge to meet the
requirements of this section without structural or
other physical changes, or significant expenditures,
the owner, lessee or person in charge may designate an
area not meeting the requirements of this section. If
the entire area is designated a smoking area, the
owner, lessee or person in charge shall place a sign or
signs at each entrance to the designated employee
smoking area which are clearly visible and state that
smoking is permitted throughout the area.
(4) Any party aggrieved by a decision of the City Manager
pursuant to subsection (3) above may appeal that
decision to the City Council by filing a written notice
of appeal specifically alleging the error of the City
Manager with the City Secretary. The filing of the
appeal shall not stay the action or determination of
the City Manager which is appealed. The City Council
shall schedule a public hearing on the appeal within
thirty (30) days following the date such appeal is
filed and may uphold, reverse, or modify the decision
of the City Manager at the conclusion of such public
hearing.
6.405 ADOPTION OF SMOKING POLICY
(a) Each employer who operates a place of employment in the
City shall, on or before October 1, 1993, adopt and
maintain a written smoking policy which shall contain,
7.
at a minimum, the following provisions and
requirements:
(1) Any nonsmoking employee may object to his or her
employer about smoke in any portion of his or her
place of employment normally frequented by said
employee. Using already available means of
ventilation, separation or partition, the
employer shall attempt to reach a reasonable
accommodation, insofar as possible, between the
preferences of nonsmoking and smoking employees.
(2) If an accommodation which is satisfactory to all
affected nonsmoking employees cannot be reached
as to any portion of the place of employment
about which complaint has been voiced, the
preferences of nonsmoking employees shall
prevail, to the end that nonsmoking employees may
work in a smoke-free environment. No portion of
the public place shall be designated as a smoking
area.
(3)
The smoking policy shall be announced within
three (3) weeks of adoption to all employees
working in the place of employment and posted
conspicuously in all workplaces under the
employer's jurisdiction.
(b) Failure of an employer to adopt a smoking policy shall
result in the entire premises being considered as a
public place where no smoking shall be allowed.
6.406 UNLAWFUL
(1) A person commits an offense if he:
(a) knowingly, intentionally or by criminal
negligence smokes in an area designated as
prohibited under subsection 6.402;
(b) knowingly, intentionally or by criminal
negligence fails to post a no -smoking area sign
as required by this ordinance;
(c) knowingly, intentionally or by criminal
negligence destroys or defaces a sign posted as
required by this ordinance; or
(d) knowingly, intentionally or by criminal
negligence fails to designate no -smoking and
smoking areas as required by this ordinance.
III.
Nothing in this ordinance shall be construed to permit smoking
where it is otherwise prohibited by law or regulation; as
8.
prohibiting any employer or person in control of premises from
prohibiting smoking to a greater extent than is prohibited by this
ordinance; or, as requiring structural changes or additions in
buildings.
IV.
This ordinance shall become effective and be in full force and
effect on October 1, 1993.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
READ and APPROVED on first reading this the Li'day
, 1993.
READ, APPRO
tii
j day of
ATTEST:
and ADOPTED on
second reading this the
1993.
L' YZC..-
NE LAND, City Secretary
CHARLES CULR, Mayor
City of Round Rock, Texas
9.
STEPHAN L. SHEETS
KEVIN HENDERSON
CHARLES D. CROSSFIELD
DALE A. BURROWS
STEPHAN L. SHEETS 8c ASSOCIATES, P.C.
ATTORNEYS AT LAW
309 E. MAIN STREET
ROUND ROCK, TEXAS 78664-5246
MEMORANDUM
DATE: June 21, 1993
TO: Councilman Earl Palmer, Councilman Rod Morgan and
Councilman Jimmy Joseph
FROM: Stephan L. Sheets, City Attorney
RE: Amendments to No Smoking ordinance.
TELEPHONE
(512) 255-8877
FAX
15121 255-8986
Attached hereto is a "red -lined" copy of the no smoking
ordinance, reflecting the changes that were discussed during the
Council subcommittee meeting.
The major change is the addition of sections 6.404 and 6.405
which would permit employers to designate certain restricted areas as
employee smoking areas, and require employers who designate employee
smoking areas to adopt a smoking policy.
6.403(1)(f) is a new paragraph permitting bowling alleys to
designate smoking areas.
6.403(1)(k) provides that hotel and lodging rooms are areas where
smoking may be permitted.
Other changes are relatively minor and are meant to clarify the
existing language.
KS/ORDINANCE/MEMOSMO2
STEPHAN L. SHEETS
KEVIN HENDERSON
CHARLES D. CROSSFIELD
DALE A. BURROWS
STEPHAN L. SHEETS & ASSOCIATES, P.C.
ATTORNEYS AT LAW
309 E. MAIN STREET
ROUND ROCK, TEXAS 78664-5246
MEMORANDUM
DATE: June 21, 1993
TO: Councilman Jimmy Joseph
FROM: Stephan L. Sheets, City Attorney
RE: Amendment to §6.403(1)(c) of the proposed "No Smoking"
ordinance.
TELEPHONE
(512) 255-8877
FAX
(5(2) 255-8986
Pursuant to your request, attached hereto is a draft of an
amendment to the No Smoking ordinance. The effect of the amendment is
to permit the owners of small restaurants of less than 50 seats to
designate their entire restaurant as a designated smoking area. The
only requirement would be to place a sign at the entrance stating that
smoking is permitted throughout the premises.
KS/ORDINANCNJMEMOSMOK
ROUND ROCK HOSPITAL
June 14, 1993
Mayor Charlie Culpepper
City of Round Rock
221 East Main Street
Round Rock, TX 78664
V
r
2400 Round Rock Avenue • Round Rock, TX 78681
(512) 255-6066
Dear Mayor Culpepper:
Thank you for discussing the proposed smoking ordinance with me on
Thursday. The hospital is in agreement with the concept for
obvious reasons. We do have some concerns regarding the ordinance
as it is currently written.
As we discussed, Round Rock Hospital is accredited by the Joint
Commission on Accreditation of Healthcare Organizations (JCAHO),
which is the certification agency for hospitals and other
healthcare organizations.
The JCAHO has a standard which requires the organization to
establish a no smoking policy. In order to meet this standard, the
hospital created a no smoking policy in January of 1989. Through
this policy, smoking is not allowed in the hospital or the adjacent
medical office building. Patients are required to sign an informed
consent at the time of admission acknowledging the restrictions on
smoking within the facility.
Employee -owners, visitors and patients are allowed to smoke outside
the hospital facility in designated courtyard areas.
The hospital's no smoking policy does include one exception. In
the case of a terminally ill patient who is physically unable to
travel to the designed courtyards, the attending physician may
allow the patient to smoke within the confines of the patient room
with the door shut. A physician order authorizing this exception
as well as a patient release form are necessary for smoking to
occur.
Due to patient volume and a limited number of inpatient rooms, it
would be very difficult to assign "smoking" rooms. By making some
rooms for "smokers" only, we would decrease the number of inpatient
beds available for the non-smoking patient. Putting signage in all
of our 50 plus rooms designating smoking only for terminally ill
patients seems somewhat onerous for the hospital and insensitive to
the patient who does not need to be reminded of their terminal
status. As such, we would prefer to be exempt from any specific
regulation by the city since we are required to have a similar
policy for certification.
I will try to visit with Councilman Palmer to discuss the issues
prior to the next council meeting.
If you would like to discuss the hospital's policy in additional
detail, please feel free to call me at (512) 388-6406. Again, I
appreciate you listening to my concerns.
Best wishes as mayor of our fine city.
Sinc
Y.
Larry` -I. Gr am
Executive Director
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.400, CODE
OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK TO
REGULATE THE SMOKING OF TOBACCO PRODUCTS IN PUBLIC
PLACES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, the City Council acknowledges that there are studies
by the Surgeon General of the United States, the National Academy
of Sciences, and other health organizations which link passive
exposure to tobacco smoke, referred to as secondhand smoke, to a
variety of negative health conditions in non-smokers; and
WHEREAS, the City Council recognizes that the Surgeon General
of the United States has declared that smoking is the number one
public health issue of our time; and
WHEREAS, the City Council has found that smoking is also a
detriment to the economic health of a business; and
WHEREAS, the City Council recognizes that there is
significant evidence that smoking creates a danger to the health of
some residents, and is a cause of annoyance and discomfort to those
who are in confined spaces where tobacco smoke is present; and
WHEREAS, the City Council seeks to strike a reasonable
balance between the rights of individuals to smoke and the rights
of individuals to have a smoke-free environment by regulating
smoking in certain public places and places of employment; and
WHEREAS, in order to protect the health and welfare of those
residents, as well as to protect the rights of those individuals
KS/ORDINANC/OR0610Z2
who smoke and those individuals who desire a smoke-free
environment, the City Council has found it necessary to restrict
smoking in public places except as authorized herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS, THAT:
I.
The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and
are incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
II.
That Chapter 6, Section 6.400, Code of Ordinances (1990
Edition), City of Round Rock is hereby amended to read as follows:
SECTION 6.400 SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES
6.401 DEFINITIONS
(2)
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Bar or Cocktail Lounge. Any establishment or place
within a restaurant primarily engaged in the business
of dispensing alcoholic or other beverages and where
food is served in the form of a snack or appetizer.
2.
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Enclosed Area. Any area covered by a roof and
surrounded by walls with appropriate openings of
ingress and egress.
Health Care Facility. Any office or institution
providing individual care or treatment of human
medical, physiological or psychological illness, which
definition shall include but not be limited to
hospitals, doctor's offices, nursing and convalescent
homes and senior citizen residential facilities.
Person. Any individual, firm, partnership,
association, corporation, company or organization of
any kind.
Place of Employment. Any enclosed area under the
control of a public or private employer which employees
normally frequent during the course of employment,
including but not limited to work areas, employee
lounges, employee restrooms, conference rooms and
employee cafeterias. A residence, including a home
occupation, is not considered by this section to be a
place of employment.
(10) Public Conveyance. Any mass transit vehicle or school
bus.
(11) Public Meeting. Any gathering or assembly of
individuals held in any room or chamber wherein public,
civic or governmental business is conducted and which
is open to the public either as participants or
spectators.
(12) Public Place. Any enclosed area to which the public is
invited or in which the public is permitted, not
including the offices or work areas not entered by the
public in the normal course of business or use of the
premises. A residence is not a public place.
(13) Restaurant
principal
food with
definition
customers'
Cafeterias
Any structure or premises where the
activity involves the serving of prepared
or without alcohol, except where the
of Bar or Cocktail Lounge here is met, for
on -premises or off -premises consumption.
and lunch counters are included in this
3.
definition while drive-in eating establishments are
not.
(14) Retail Store. An establishment whose purpose is to
offer for sale and sell to consumers, not for resale,
goods, wares, merchandise and food, which items are
purchased for use and/or consumption off the premises.
(15) Service Line. A line of persons formed for the
securing of a service or product on a first-come first-
served basis.
(16) Smoking. The lighting, holding, carrying of, inhaling
and exhaling of the smoke of a tobacco product, which
definition includes but is not limited to the carrying
or holding of a lighted pipe, cigar or cigarette of any
kind or any other lighted smoking equipment or device.
(17) Sports Arena. An indoor facility primarily used for
sports, cultural or other similar events.
(18) Theater. Any indoor facility primarily used for the
exhibition of any motion picture, stage drama, musical
recital, musical concert, dance, lecture or other
similar performance.
(19) Tobacco Product. The product derived from the dried
leaves of any one of the various species of Nicotine,
including but not limited to the species Nicotine
Tabacum, the broad leafed native American plant, which
is utilized for smoking.
6.402 PROHIBITION
(1) ?A:.1<<" > :: smokin is unlawful
e>g in the
owing public places during the hours in which they
are open to the public:
(a) Art galleries, libraries, museums, and similar
cultural facilities.
(b) Classrooms and lecture halls.
(c) Elevators.
(d) Health care facilities.
(e) Public conveyances.
(f) Public meetings.
(g) Public places.
(h) Restaurants.
(i) Retail stores.
(j) Taxicabs.
(k) Theaters.
(1) Service lines.
(m) Shopping centers and malls.
(n) Sports arenas.
In each instance, no -smoking shall be designated by
signs posted in conspicuous locations located at any
4.
entrance to and within such areas. Such signs shall be
visible to the public and clearly recite the phrase "No
Smoking" and/or use the international no -smoking
symbol.
6.403 EXEMPTIONS
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Retail tobacco stores whose primary activity is
the sale or promotion of tobacco and tobacco
products and accessories.
Enclosed areas of shopping centers and malls that
are external to the retail stores would be no -
smoking except for areas that would be designated
as smoking areas.
Smoking as a part of a theatrical production.
Designated areas of restaurants, whether
currently in existence or to be established in
the future, with an indoor seating capacity of
fifty (50) or more where less than fifty percent
(50%) of the indoor seating capacity is
designated as a "Smoking Area." In areas where
smoking is permitted, existing physical barriers
and ventilation systems shall be used toiml
tYaol•• in adjacent no -smoking areas":
smoking and smoking areas shall be designated by
signs visible to the public.
() In restaurants with a seating capacity of less
than 50 seats, whether currently in existence or
to be established in the future, in which the
indoor seating area is clearly separated into two
(2) or more rooms by floor to ceiling wall
structures, the smallest room of the restaurant
may be designated as a smoking area. The
required wall structures shall contain no more
than one (1) wall opening, not to exceed forty-
eight inches (48") in width, in each wall which
is directly adjacent to a no -smoking area."
5.
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........................
Bars or cocktail lounges.
Designated areas of health care facilities; each
such facility shall designate separate rooms,
including in-patient sleeping quarters, and areas
in which smoking is permitted, using physical
barriers and ventilation systems to minimize the
smoke in adjacent no -smoking areas. No -smoking
and smoking areas shall be designated by signs
visible to the public.
(4) Designated areas of theater lobbies that are
physically separate from the spectator areas.
No -smoking and smoking areas shall be designated
by signs visible to the public.
Rooms of a restaurant utilized for private
functions or banquets
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UNLAWFUL
(1) A person commits an offense if he:
knowingly,
negligence
prohibited
knowingly,
intentionally or by criminal
smokes in an area designated as
under subsection 6.402;
intcntionally or by
criminal
(ep) knowingly, intentionally or by
negligence fails to
post a no -smoking
as required by this ordinance;
(ei) knowingly, intentionally or by criminal
negligence destroys or defaces a sign posted as
required by this ordinance; or
(e) knowingly, intentionally or by criminal
negligence fails to designate no -smoking and
smoking areas as required by this ordinance.
criminal
area sign
III.
Nothing in this ordinance shall be construed to permit smoking
where it is otherwise prohibited by law or regulation; as
8.
prohibiting any employer or person in control of premises from
prohibiting smoking to a greater extent than is prohibited by this
ordinance; or, as requiring structural changes or additions in
buildings.
IV.
This ordinance shall become effective and be in full force and
effect on October 1, 1993.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
READ and APPROVED on first reading this the day
of , 1993.
READ, APPROVED and ADOPTED on second reading this the
day of , 1993.
ATTEST:
JOANNE LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
9.
6.403(1) (c)
In restaurants with a seating capacity of less than 50
seats, whether currently in existence or to be
established in the future, iiia
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KS/ORDINANC/OR0610Z4
erittec
DATE: July 6, 1993
SUBJECT: City Council Meeting, July 8, 1993
ITEM: 8.A. Consider an ordinance regulating smoking in public places.
(Second Reading)
STAFF RESOURCE PERSON: Joanne Land/Steve Sheets
STAFF RECOMMENDATION: There have been no changes since the June 24th
meeting.