HomeMy WebLinkAboutOrdinance 17719-08-2007ORDINANCE NO. 17719-08-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
REPEALING OF CHAPTER 29.5, "SMOKING"; SECTIONS
29.5 THROUGH 29.5-24; ADOPTING NEW PROVISIONS
OF CIiAPTER 29.5, "SMOKING", SECTIONS 29.5
THROUGH 29.5-30; PROVIDING FOR THE PROHIBITION
OF SMOKING IN PUBLIC PLACES; PROVIDING FOR
EXCEPTIONS TO THE PROIiISITION OF SMOKING IN
PUBLIC PLACES; PROVIDING FOR OWNER/OPERATOR
AND EMPLOYER RESPONSIBILITIES; ADOPTING
PROVISIONS REGULATING THE SALE, POSSESSION
AND DISTRIBUTION OF CIGARETTES AND/OR
TOBACCO PRODUCTS PURSUANT TO THE HEALTH
AND SAFETY CODE; PROVIDING FOR THE
ENFORCEMENT OF THIS CIIAPTER; PROVIDING FOR
THE SUSPENSION OR REVOCATION OF A PERMIT OR
LICENSE; PROVIDING FOR A HEARING PROCEDURE
PRIOR TO REVOCATION OR SUSPENSION OF A
PERMIT; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A FINE OF UP TO $500.00 FOR AN OFFENSE
IN VIOLATION OF THIS ORDINANCE EXCEPT FOR
SUBSECTION 29.5-5(E) AND SECTION 29.5-9;
PROVIDING A FINE OF UP TO $2,000.00 FOR AN
OFFENSE IN VIOLATION OF SECTION 29.5-5(E) AND
SECTION 29.5-9 OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WEiEREAS, on June 27, 2006, the Surgeon General issued a report on "The Health
Consequences of Involuntary Exposure to Tobacco Smoke" and found that secondhand
smoke exposure can cause immediate harm to persons. The Surgeon General's report
stated that eliminating smoking indoors was the best protection for nonsmokers from the
dangerous chemicals in secondhand smoke; and
WHEREAS, the effects of smoke and the regulation of smoking in public places is a
matter of public health and safety; and
WHEREAS, on May 16, 2006, the City Council directed staff to form an Ad Hoc group
of citizens for the purpose of assessing the City's current regulations on smoking in
public places; and
Smoking Ordinance 1 of 16
CItL 08.21.07Adopted
WHEREAS, the City Council directed the Ad Hoc group to determine if additional
restrictions on smoking in restaurants, bars and entrances and/or exits should be adopted;
and
WI~REAS, the Ad Hoc group was formed by the appointment of citizens representing
different viewpoints and positions as to the regulations on smoking in public places; and
WIiEREAS, the Ad Hoc group convened nine times during the months of June through
September 2006; and
WHEREAS, the Ad Hoc group presented its recommendations to City Council on
October 16, 2006; and
WHEREAS, four additional public meetings were held for public comment on the Ad
Hoc recommendation for the adoption of additional restrictions to smoking in public
places during the months of January and February 2007; and
WHEREAS, on July 17, 2007, the City Council considered the Ad Hoc group's
recommendation; and
WI~REAS, the Public Health Director recommended to the City Council that additional
and more stringent regulations should be adopted to be placed in the City Code to protect
citizens against the effects of secondhand smoke in public places; and
WI~REAS, also on July 17, 2007, the City Council endorsed the City Manager's
recommendation for the adoption of additional and more stringent restrictions to the
regulations for smoking in public places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 29.5 "Smoking", Section 29.5 through 29.5-24, of the Code of the City of Fort
Worth (1986), Part II, as amended, is hereby repealed. Chapter 29.5 "Smoking", Section
29.5 through 29.5-22, of the Code of the City of Fort Worth (1986), Part II, as amended
shall now read as follows:
SECTION 29.5 TITLE, PURPOSE.
This Chapter may be referred to as the "Smoke Free Ordinance." The purpose of this
Chapter is to improve and protect the public health by eliminating smoking in public
Smoking Ordinance 2 of 16
CRL 08.21.07Adopted
places and places of employment. It is also the intent of this Chapter to define distinct
and separate areas for smoking and nonsmoking use, to assure asmoke-free atmosphere
in public places and prohibit the commingling of air between smoking and nonsmoking
areas.
SECTION 29.5-1. DEFINITIONS.
The following words and phrases, whenever used in this Chapter, shall be construed as
defined in this Section:
Bar means an establishment licensed by the State which has more than seventy percent
(70%) of its annual gross sales from alcoholic beverages for consumption by guests on
the premises. Calculation of gross sales shall be made from the combined sale of food
and beverages. Restaurants that contain a bar are not considered a "bar" for purposes of
this Chapter.
Billiard hall means a place of amusement whose chief purpose is providing the use of
billiard/pool tables to the public for a fee.
Bingo parlor means a facility regulated under the Bingo Enabling Act, Chapter 2001 of
the Occupations Code.
Business means 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 means the City of Fort Worth.
Custome~° direct access means that a customer has access to a product without the
assistance of the vendor.
Deliver means to actually or constructively transfer possession of a tobacco product from
one person to another and includes an offer to transfer possession from one person to
another.
Employee means any person who is employed for the consideration of direct or indirect
monetary wages or profit, and any person who volunteers his or her services for a profit
or non-profit entity.
Employer means any person, partnership, corporation, municipal corporation, non-profit
entity, or other entity who employs the services of one or more individual persons.
Enclosed area means an area closed in by a roof and walls with appropriate openings for
ingress and egress.
Smoking Ordinance 3 Of 16
CRL 08.21.07Adopted
Health care facility means any institution that provides medical, surgical, and overnight
facilities for patients, including but not limited to, hospitals, clinics, physical therapy
facilities, doctor's offices, dentist's offices, nursing homes, adult care facilities,
convalescent homes, and residential treatment centers/homes.
Minor means any person under eighteen (18) years of age.
Person means any individual, partnership, cooperative, association, corporation or
venture.
Place of employment means any enclosed area under the control of an employer
including but not limited to work areas, employee lounges, rest rooms, conference rooms,
classrooms, employee cafeterias and hallways. A private residence shall not be
considered a place of employment.
Private club means an association of persons as members, whether incorporated or
unincorporated under the laws of the state, for the promotion of some common
object, and organized by a board of representatives, including but not limited to a
fraternal organization, private social or dinner club. When used to describe a
facility in this Chapter, Private club shall mean any enclosed area to which the
public is not invited or in which the public is not permitted which is owned, leased
or rented by the Private club for its members and their guests. Aprivately-owned
business, open to the public, is not a Private club.
Private function means the rental of a ballroom, private club, or other facility for the sole
purpose of entertaining, private parties, events or other social functions that the general
public is not able to attend.
Public place means 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, waiting rooms, bowling alleys and
billiard halls.
Restaurant means 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 said cocktail
lounge or tavern is a "bar" as defined in this Chapter. The term does not include private
homes where food is prepared or served for guests and individual family consumption
Retailer means a person who sells goods or services to the general public.
Smoking Ordinance 4 of 16
CRL 08.21.07Adopted
Retail tobacco stogy°e means a retail store whose primary business is the sale of tobacco
products and accessories and in which the sale of other products is merely incidental.
Sell means to offer for sale, convey, exchange, barter or trade.
Service line means any line or area where persons wait for goods or services 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 means inhaling, exhaling, burning or carrying any lighted cigar, cigarette,
tobacco product, weed, plant, or other combustible substance whose smoke is intended to
be inhaled.
Tobacco product means 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 vending machine means any mechanical, electric or electronic self-serving
device which, upon insertion of money, tokens or any other form of payments, dispenses
tobacco products.
Valid proof of identification means a driver's license or an identification card issued by
Texas or another state, a passport, or an identification card issued by a state or the federal
government and that contains a physical description and a photograph consistent with the
person's appearance.
Vendor-assisted sale means a sale in which only the vendor has had access to a tobacco
product and assists the customer by supplying the product to the customer when it is
purchased.
SECTION 29.5-2. SMOKING PROHIBITED.
(A) A person commits an offense if the person smokes in a public place.
(B) A person commits an offense if the person smokes in an enclosed area in a
building or facility owned, leased, or operated by the City.
(C) A person commits an offense if the person smokes in an enclosed area of a place
of employment.
(D) A person commits an offense if the person smokes within twenty (20) feet from a
primary entrance or openable window of an enclosed area in which smoking is
prohibited.
Smoking Ordinance 5 of 16
CRL 08.21.07Adopted
(E) Notwithstanding any other provision of this Section, any owner, operator,
manager, or any other person who controls any establishment or facility may
declare the entire establishment or facility as a nonsmoking establishment.
SECTION 29.5-3. EXCEPTIONS.
(A) Notwithstanding any other provision of this Chapter to the contrary, the following
areas shall not be subject to the smoking prohibitions iii Section 29.5-2:
(1) Bars, as defined in this Chapter;
(2) Private residences, except when used as a child care, adult day care or health
care facility;
(3) A private or semi private room in a nursing home or long term health care
facility that is occupied by persons who smoke and have requested in writing
to be placed in a room where smoking is permitted;
(4) Hotei and motel rooms that comply with Section 29.5-4;
(5) Retail tobacco stores in stand alone physical facilities;
(6) Hotel and motel conference or meeting rooms and public facilities while being
used for a private function. This exception shall not include restaurants, as
defined in this Chapter;
(7) Private Clubs, as defined in this Chapter, as long as the facility is used or
operated by the members and is not open to the general public;
(8) An outdoor dining area and/or patio, as long as the dining area and/or patio is
more than twenty (20) feet from a primary entrance or openable window of an
enclosed area in which smoking is prohibited;
(9) Any facility which is primarily used for exhibiting any stage, drama, lecture,
musical recital or other similar performance, when smoking is part of a stage
production; and
(10) A Bingo Parlor operated under the Bingo Enabling Act, Chapter 2001 of the
Occupations Code if:
(a) an enclosed non-smoking area is provided; and
(b) no one under the age of eighteen (18) years is admitted to the smoking
areas.
Smoking Ordinance 6 of 16
CRL 08.21.07Adopted
(B) Notwithstanding any other provision of this Section, any owner, operator,
manager, or other person who controls any establishment described in this Section
may designate the entire establishment as a nonsmoking establishment.
SECTION 29.5-4. DESIGNATION OF SMOKING ROOMS BY HOTEL AND
MOTEL RESTRICTED.
A hotel and motel may not designate more than twenty-five percent (25%) of its rooms
that are rented for temporary overnight occupancy by the public as smoking rooms.
SECTION 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 Section 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 two thousand and no/100 dollars ($2,000.00)
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.
SECTION 29.5-6. EMPLOYER RESPONSIBILITIES.
(A) Except as provided in Section 29.5-3, an employer shall provide asmoke-free
place of employment.
Smoking Ordinance 7 of 16
CRL 08.21.07Adopted
(S) 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 Section 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 Section 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.
SECTION 29.5-7. VOLUNTARY DESIGNATION OF A NON-SMOHING
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.
SECTION 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.
SECTION 29.5-9. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
PERSONS YOUNGER THAN 18 YEARS OF AGE
PROHIBITED; PROOF OF AGE REQUIItED.
(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 eighteen (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
eighteen (18) years of age.
(B) A retailer commits an offense if:
Smoking Ordinance 8 of 16
CRL 08.21.07Adopted
(1) An agent or employee of the retailer commits an offense under subsection (A);
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) 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) if it contains a
physical description and photograph consistent with the person's appearance,
purports to establish that the person is eighteen (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 two thousand and no/100 dollars ($2,000.00) for
each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 29.5-10. VENDOR ASSISTED SALES REQUIRED.
(A) Except as provided by subsection (B), 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) does not apply to:
(1) A facility or business that is not open to persons younger than eighteen (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).
SECTION 29.5-11. VENDING MACHINES.
(A) A person commits an offense if that person sells, offers for sale, allows the sale of,
allows the offer for sale of or allows the display for sale of tobacco products by use
of a vending machine.
Smoking Ordinance 9 of 16
CRL 08.21.07Adopted
(B) Exceptions.
(1) It is an exception to subsection (A) that a cigarette vending machine is located
within an enclosed facility which does not admit any persons under the age of
eighteen (18) years. The establishment shall post a sign at each entrance of the
enclosed facility that persons under the age of eighteen (18) years are prohibited
from the enclosed facility. Enclosed facility means an area surrounded by a wall
and which area may not be accessed except by doorway.
(2) It shall also be an exception to Subsection (A) that a cigarette vending machine
is located in a portion of a facility to which the general public or members of a
private club do not have access. The establishment shall post a sign at the
entrances to the area to which the general public or members of a private club
are prohibited.
SECTION 29.5-12. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
PERSONS YOUNGER TIIAN 27 YEARS OF AGE.
(A) A retailer may not sell, give, or cause to be sold or given a cigarette or tobacco
product to someone who is younger than twenty-seven (27) years of age unless the
person to whom the cigarette or tobacco product was sold or given presents an
apparently valid proof of identification showing the person's age to be eighteen (18)
years of age or older.
(B) A retailer shall adequately supervise and train the retailer's agents and employees to
prevent a violation of Subsection (A).
(C) Proof of identification described in section 29.5-9(D) satisfres the requirements of
Subsection (A).
(D) A retailer commits an offense if the person violates this Section.
SECTION 29.5-13. NOTIFICATION OF EMPLOYEES AND AGENTS.
Each retailer shall notify each individual employed by the retailer who is to be engaged in
retail sales of cigarettes or tobacco products that State law:
(A) Prohibits the sale or distribution of cigarettes or tobacco products to any person who
is younger than eighteen (18) years of age as provided in Section 29.5-9 and that a
violation of this provision is a class C misdemeanor; and
(B) Prohibits the sale or distribution of cigarettes or tobacco products to any person
who is younger than twenty-seven (27) years of age unless the person to whom the
cigarette or tobacco product is sold or given presents an apparently valid proof of
identification as provided by section 29.5-12.
Smoking Ordinance 10 Of 16
CRL 08.21.07Adopted
SECTION 29.5-14. DISTRIBUTION AND SALE OF CIGARETTES OR
TOBACCO PRODUCTS.
(A) A person commits an offense if he or she distributes to persons younger than
eighteen (18) years of age:
(1) A free sample of a cigarette or tobacco product; or
(2) A coupon or other item that the recipient may use to receive a free or
discounted cigarette or tobacco product or a sample cigarette or tobacco
product.
(B) A person commits an offense if the person sells cigarettes in quantities less than an
individual package containing at least twenty (20) cigarettes.
SECTION 29.5-15. POSSESSION, PURCHASE, CONSUMPTION AND RECEIPT
OF TOBACCO PRODUCTS BY MINORS PROHIBITED.
(A) A person who is younger than eighteen (18) years of age commits an offense if that
person:
(I) Possesses, purchases, consumes or accepts receipt of a cigarette or tobacco
product; or
(2) Falsely represents himself or herself to be eighteen (18) years of age or older by
displaying proof of age that is false, fraudulent, or not actually his or her own
for the purpose of possessing, purchasing, consuming or receiving a cigarette or
tobacco product.
(B) It is an exception to this Section that the minor possessed, purchased, consumed or
received the cigarette or tobacco product in the presence of the minor's parent,
guardian or spouse.
(C) It is an exception to this Section that the minor possessed or received the cigarette or
tobacco product in the .presence of the minor's employer, if possession or receipt of
the tobacco product is required in the performance of the employee's duties as an
employee.
(D) It is exception to the application of this Section that the individual younger than
eighteen (18) years of age is participating in an inspection or test compliance of the
ordinance.
(E) In addition to assessing a fine, the court may require the minor to attend a smoking
awareness course and the court may require the parent or guardian of the minor to
attend the course with the minor.
Smoking Ordinance 11 of 16
CRL 08.21.07Adopted
(F) If a smoking awareness course is not readily available, the court may require the
minor to perform additional tobacco-related community service hours.
SECTION 29.5-16. ADVERTISEMENT OF CIGARETTES AND TOBACCO
PRODUCTS.
(A) A sign containing an advertisement for cigarettes or tobacco products may not be
located closer than one thousand (1,000) feet to a school.
(B) The measurement of the distance between the sign containing an advertisement for
cigarettes or tobacco products is from the nearest property line of the school to a
point on a street or highway closest to the sign, along street lines and in direct lines
across intersections.
(C) This Section does not apply to a sign located on or in a facility owned or leased by a
professional sports franchise or in a facility where professional sports events are
held at least ten (10) times during a twelve (12) month period.
(D) A "sign" in this Section shall mean an outdoor medium, including a structure,
display, light device, figure, painting, drawing, message, plaque, poster, or billboard
that is:
(1) used to advertise or inform; or
(2) visible from the main-traveled way of a street or highway.
SECTION 29.5-17. STRUCTURAI~ MODIFICATION.
Nothing in this Chapter shall require the owner, operator, manager or other persons in
control of any building, facility, room, establishment to make any structural
modifications to comply with the terms of this Chapter.
SECTION 29.5-18. ENFORCEMENT.
(A) The Public Health Department shall be primarily responsible for the implementation
and enforcement of this Chapter.
(B) A citizen may file a complaint with the Public Health Department.
(C) Any owner, manager, operator, or employer of any establishment regulated by this
Chapter must inform persons violating this Chapter of the appropriate provisions
thereof.
(D) The Public Health Department shall investigate complaints and may issue warnings
and citations to persons violating this Chapter.
Smoking Ordinance 12 of 16
CRL 08.21.07Adopted
SECTION 29.5-19. CULPABILITY.
Except as otherwise provided in this Chapter, there shall be no requirement of a culpable
mental state for a violation of this Chapter.
SECTION 29.5-20.OTHER APPLICABLE LAWS.
This Chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable law.
SECTION 29.5-21.VIOLATION AND PENALTY.
(A) Unless otherwise stated in this Chapter, a person who violates the provisions of
this Chapter commits a Class C misdemeanor, punishable by a fine not to exceed
five hundred dollars ($500).
(B) Each day an offense occurs is a separate violation.
SECTION 29.5-22. PERMIT SUSPENSION OR REVOCATION; HEARING.
(A) Upon notice and a hearing, the Gity Manager may suspend or revoke a permit or
license issued by the City to the operator of a public place or place of employment
where a violation of this Chapter occurs.
(B) Prior to the revocation or suspension of a permit or license, the City Manager or
his or her designee shall set a hearing to determine if grounds exist to revoke or
suspend a permit or license due to a violation of this Chapter.
(C) The City Manager or his or her designee shall act as the hearings officer.
(D) Written notice of the hearing shall be served on the petitioner/violator at least
fifteen (15) business days prior to the hearing. Notice shall be served in person or
by certified mail, return receipt requested.
(E) Notice shall specify the date, time and place of the hearing. The petitioner/violator
must request the hearing be rescheduled within five (5) business days of receiving
the written notice if the petitioner/violator cannot attend the hearing at the
originally scheduled time.
(F) For purposes of this Section, the hearing officer shall be empowered to administer
oaths and to promulgate procedural rules for the conduct of the hearing.
(G) The hearing officer shall base the decision to revoke or suspend the permit or
license on a preponderance of the evidence. The petitioner shall bear the burden of
proof to show that the permit or license should not be revoked or suspended.
Smoking Ordinance 13 of 16
CRL 08.21.07Adopted
(H) After the conclusion of the hearing, the hearing officer shall make written
findings of fact and conclusions of law and shall issue a written decision without
undue delay.
(I) A hearing shall exhaust all administrative remedies of the petitioner/violator.
SECTION 2.
Chapter 29.5 "Smoking", Sections 29.5-23 through 29.5-30, of the Code of the City of
Fort Worth (1986), Part II, as amended, shall be reserved.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas, (1986), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5.
Except for a violation in Section 29.5-5(E) and Section 29.5-9 any person, firm or
corporation who violates, disobeys, omits, neglects or refuses to comply with or who
Smoking Ordinance 14 Of 16
CRL 08.21.07Adopted
resists the enforcement of any of the provisions of this ordinance shall be fined not more
than five hundred dollars ($500.00). Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with Section 29.5-5(E) and Section 29.5-9
shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the ordinances amended herein, which have
accrued at the time of the effective date of this ordinance and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until
fmal disposition by the courts.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption and Section 5 of this ordinance for two (2) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the
City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code.
Smoking Ordinance 15 of 16
CRL 08.21.07Adopted
SECTION 8.
This ordinance shall be in full force and effect after its passage and publication as
required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
~,
CHRISTA R. LOPEZ
ASSISTANT CITY ATTORNEY
DATE: August 21, 2007 _
EFFECTIVE: ~ ~~~- ~ `~ ~ ~
Smoking Ordinance 16 of 16
CItL 08.21.07Adopted
Cod of Fob VI/orfh, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2007 -Ord. No. 17719-08-2007
DATE: Tuesday, August 21, 2007
LOG NAME: 50SMOKEORDAMEND
REFERENCE NO.: G-15836
SUBJECT:
Adopt Ordinance Amending Chapter 29.5, "Smoking" of the City Code to Prohibit Smoking in Public
Places with Certain Exemptions
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter
29.5, "Smoking" which prohibits smoking in public places with certain exemptions.
DISCUSSION:
In 2006, City Council initiated a public process to seek input from citizens on the merits of strengthening the
City's current smoking ordinance. An ad-hoc work group was formed, with membership representing the
broad spectrum of opinions and interests on this topic. The ad-hoc work group met nine times during the
months of June through September 2006, resulting in specific recommendations to Council.
Four public hearings were then held to obtain feedback on the ad-hoc work group recommendations, and
other citizen feedback mechanisms were established and monitored (i.e. dedicated a-mail addresses and
phone lines) to facilitate ongoing citizen input.
On July 17, 2007, the Public Health Department presented to City Council an overview of all public input
and the City Manager provided recommendations for amending the City's current smoking ordinance. The
ordinance reflects the revisions necessary to the smoking regulations to adopt the City Manager's
recommendations.
In summary:
The ordinance prohibits smoking in public places, including but not limited to:
• Restaurants
• Bars in Restaurants
• Bingo Parlors
• Bowling Alleys
• Business/Office Buildings
• Within 20 feet of a primary entrance/exit of a regulated facility
Smoking is allowed in the following places with some restrictions:
• Bars -defined as "establishments that are licensed by the State and that have more than 70 percent of
their annual gross sales in alcoholic beverages for consumption by guests on the premises. Calculation of
gross sales shall be made from the combined sale of food and beverages. Restaurants that contain a bar
are not considered a "bar."
• Hotel/Motel Rooms -but only up to 25 percent of the total number of rooms in the Hotel-Motel rented to
guests may be designated as smoking rooms.
Logname: SOSMOKEORDAMEND Page 1 of 2
• Private Clubs - to mean an associated group of persons that are members governed by a board of
representatives, and the facility which the club owns, leases or rents for the benefit of its members and
guests.
• Private Meeting Rooms in Public Places - as long as the entire room remains private and is not open to
the general public.
• Outdoor Dining Areas - as long as the area is more than 20 feet from the primary entrance or from
operable windows.
• Outdoor Service Lines -more than 20 feet from a primary entrance/exit.
• Retail Tobacco Stores - if the store is a stand-alone facility and its primary business is the sale of
tobacco products and accessories.
• The attached ordinance also restates provisions relating to the sale of cigarettes.
Owners and operators of public places where smoking is prohibited must post a no smoking sign at their
facility and remove all ashtrays and smoking accessories. Owners and operators of public places where
smoking is allowed must post a sign so stating enforcement will be carried out by the Public Health
Department on acomplaint-driven basis.
If approved, the amended ordinance will take effect on January 1, 2008, to allow time for an extensive
information/education campaign and to create standard operating procedures for enforcement activities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b}~ Joe Paniagua (6140)
Originating Department Head: Daniel Reimer (871.7201)
Additional Information Contact: Scott Hanlan (871.7204)
Logname: SOSMOKEORDAMEND Page 2 of 2