HomeMy WebLinkAboutOrdinance 13009ORDINANCE NO ~~ o~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 29.5
"SMOKING" IN ITS ENTIRETY, PROVIDING DEFINITIONS, PROVIDING
THAT THERE SHALL BE NO COMMINGLING OF AIR AND TEST
REQUIREMENTS, PROVIDING THAT SMOKING IS PROHIBITED IN CITY
OWNED BUILDINGS, PROVIDING REGULATIONS FOR SMOKING IN
PUBLIC PLACES, PROVIDING REGULATIONS FOR SMOKING IN
RESTAURANTS, PROVIDING REGULATIONS FOR SMOKING IN ADULT
ENTERTAINMENT ESTABLISHMENTS, BILLIARD HALLS, BINGO
PARLORS AND BOWLING CENTER, PROVIDING REGULATIONS FOR
SMOKING IN PLACES OF EMPLOYMENT, PROVIDING A LIMITATION ON
THE SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS
YOUNGER THAN 18 YEARS OF AGE, PROVIDING THAT VENDOR
ASSISTED SALES ARE REQUIRED FOR TOBACCO PRODUCTS, PROVIDING
A PROHIBITION OF TOBACCO VENDING MACHINES IN LOCATIONS
WHERE MINORS HAVE ACCESS, PROVIDING A LIMITATION ON THE
SALE OF TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS
OF AGE, PROVIDING A NOTIFICATION REQUIREMENT TO EMPLOYEES
AND AGENTS WHO ENGAGE IN THE RETAIL SALE OF TOBACCO
PRODUCTS, PROVIDING A LIMITATION ON THE DISTRIBUTION AND
SALE OF TOBACCO PRODUCTS, PROVIDING A PROHIBITION OF
MINOR'S POSSESSION, PURCHASE, CONSUMPTION AND RECEIPT OF
TOBACCO PRODUCTS, PROVIDING REGULATION ON THE
ADVERTISEMENT OF TOBACCO PRODUCTS, PROVIDING REGULATIONS
FOR POSTING SIGNS, PROVIDING THAT NO STRUCTUAL MODIFICATION
IS REQUIRED, PROVIDING ENFORCEMENT, PROVIDING EDUCATION;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE UP TO $100 FOR THE FIRST
VIOLATION OF THE ORDINANCE, A FINE UP TO $200 FOR THE SECOND
VIOLATION OF THE ORDINANCE, AND A FINE UP TO $500 FOR A THIRD
OR SUBSEQUENT VIOLATION OF THE ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council does hereby find that the Surgeon General of the United
States had declared that smoking is the largest preventable cause of premature death and
disability in the United States, and
WHEREAS the City Council does hereby find that numerous studies have found that
tobacco smoke is the major contributor to indoor air pollution, and the United States
1
Environmental Protection Agency has concluded that passive smoke poses a public health
risk; and
WHEREAS the City Council does hereby find that the Surgeon General has found that
the simple separation of smokers and nonsmokers within the same space reduces, but
does not eliminate, the exposure of nonsmokers to environmental tobacco, and
WHEREAS the City Council does hereby find and declare that the purpose of this
ordinance is to protect the public health and welfare by requiring a smoke-free
environment m all commercial establishments to which the public has access, and to
provide each such commercial establishment the option of providing smoking areas for its
employees and the public under certain conditions which insure that nonsmoking
employees and members of the general public are not subjected to smoke and to protect
the health, and to encourage employers to promote employee participation in tobacco
education and smoking cessation programs, and the safety and welfare of minors from the
health risks of tobacco use caused by the easy access to these products.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the
amendment of Chapter 29.5, "Smoking" so that hereafter said Chapter shall read as
follows.
CHAPTER 29.5 SMOKING
Section 29.5 Title
This chapter may be referred to as the "Tobacco Free Ordinance "
Section 29.5-1 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section.
"Administrative Area" means 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 rest rooms, conference rooms, and employee cafeterias.
"Air Barrier" means a system that creates an air curtain to prevent the drift or penetration
of tobacco smoke from a smoking area to a nonsmoking area not allowing drift or
penetration from the ceiling down to twenty-four (24) inches above the floor
2
"Air Purification System" means an electrically powered hospital grade, hepa media filter
that will clean all of the air in a designated smoking area every fifteen (15) minutes as
follows not less than ninety-five (95) percent of three-tenths (0.3) micron particulates
efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses
and allergens and not less than ninety-five (95) percent removal of gases, vapors, 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 nonsmoking area.
"Bar" means an establishment which has more than seventy (70) percent of its annual
gross sales in alcoholic beverages and which is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the serving of food is
only incidental to the consumption of such beverages and where minors are not allowed
admittance unless accompanied by a parent or legal guardian. Restaurants that contain a
bar are not considered a "bar" because rrunors are admitted in these areas
"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 V C.S ,Article 179d - "Bingo Enabling
Act"
"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, motel, 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.
"Customer Direct Access" means that a customer has access to a product without the
assistance of the vendor
"Day Care Center" means any facility which provides for the care and supervision of
children or adults on a regular basis
"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
"Designated Smoking Area" means an area which shall not exceed fifty (50) percent of
the net floor area, is equipped with an air purification system (defined herein) or has a
separate ventilation system (defined herein), air from the smoking area is not drawn
across the nonsmoking area, and if required by a licensed professional engineer, is
3
equipped with an air barrier system or other barrier system such as a physical barrier to
keep the air from the smoking area from being drawn across the nonsmoking area.
"Employee" means any person who is employed by an employer 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 m by a roof and walls with appropriate openings
for ingress and egress.
"Health 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.
"Major Renovation" means changing the amount of floor space in a building by one third
(1/3rd) or changing the value of a building by one-third (1l3rd~
"Maximum Occupancy" means the maximum number of occupants in a dining area of a
restaurant, excluding restaurant staff, determined by the Uniform Building Code 1991
Edition.
"Minor" means any person under 18 years of age.
"Person" means any individual, partnership, cooperative, association, corporation or
venture.
"Physical Barrier" means 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 m these partitions Self
closing, tight fitting doors are permitted m such barriers.
"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.
"Portable Air Purification System" means a portable electrically powered hospital grade,
hepa media filter that will clean all of the air in a designated smoking area every fifteen
4
(15) minutes as follows. not less than ninety-five (95) percent of three-tenths (0.3) micron
particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco
smoke, viruses and allergens and not less than ninety-five (95) percent removal of gases,
vapors, volatile organic compounds (V O C.) and odors.
"Private Club" means 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 of that organization distinct from a Texas Alcohol
and Beverage private club membership
"Private Function" means 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 Place" means any enclosed area in which the public is invited or permitted,
including, but not linuted 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, etc Private clubs are not considered a "public place."
"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 section. 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
"Retail Tobacco Store" 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 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.
5
"Smolang" 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.
"Sports Arena" means 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" 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 Identification" means a valid driver's license or an identification card issued by
the Department of Public Safety and 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.
"Vendor-Assisted Sale" means a sale m which only the vendor has have access to a
tobacco product and assist the customer by supplying the product to the customer when
it is purchased
"Ventilation System" means a HVAC system designed by a licensed professional
engineer to meet the requirements of this ordinance and all other requirements of the
city's building code. A ventilation system must provide an air change every fifteen (15)
minutes, exhaust the air to the exterior of the building and the air from the smoking area
cannot be drawn across the nonsmoking 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 nonsmoking area.
Section 29.5-2 No commin~lin~ of air; testing requirements
It is the intent of this chapter to define distinct and separate areas for smoking and
nonsmoking use, to assure a smoke free atmosphere in nonsmoking areas and prohibit the
commingling of air between such areas All air purification systems, portable air
purification systems, air barrier systems, and ventilation systems shall be tested and such
test shall be observed by the city at the time of installation. Thereafter, all air purification
systems, portable air purification systems, air barrier systems and ventilation systems
shall, at a minimum, be tested once per year to insure compliance with this chapter
6
Section 29.5-3City Owned Buildings
(a) All enclosed buildings owned or leased by the City of Fort Worth shall be designated
nonsmoking with no designated smoking sections.
(b) Work places in city fire stations are exempt from this chapter
Section 29.5-4 Smoking Prohibited in Public Places
(a) A person commits an offense if he smokes or possesses a burning tobacco, weed or
other plant product in any of the following indoor or enclosed areas.
(1) city buildings,
(2) public elevators and stairwells,
(2) buses, taxicabs, and other means of public transportation under the authority of
the City of Fort Worth
(3) all boarding and waiting areas of public transit depots,
(4) public rest rooms,
(5) service lines,
(6) retail establishments except retail tobacco stores, administrative areas in retail
establishments are governed under Section 29.5-7 Smoking in Places of
Employment;
(7) businesses, including all areas available to and customarily used by the general
public,
(8) aquariums, galleries, libraries and museums,
(9) day care centers, except that day care centers that are also private homes shall be
considered private residences when the children or adults receiving care have
gone home,
(10) facilities used for exhibiting any motion picture, stage, drama, lecture, musical
recital or other similar performance, except when smoking is part of a stage
production,
(11) sports arenas and convention facilities,
7
(12) every room, chamber, place of meeting or public assembly, including school
buildings, under the control of any board, council, commission, committee,
including joint committees, or agencies of the City or during such times as a
public rrieeting is in progress, to the extent such place is subject to the jurisdiction
of the City of Fort Worth,
(13) any public area of a health facility except that smoking m the bed space areas of
health facilities shall be prohibited unless all patients within the room are smokers
and smoking is ordered on the health care facility's admission form by an
attending physician, in keeping with the guidelines established by the facility,
(14) lobbies, hallways and other common areas in office buildings, apartment
buildings, condominiums, retirement facilities, nursing homes and other multiple-
unit residential facilities and commercial units, and
(15) polling places.
b) 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 29.5-5itestaurants
Text of section effective until December 31,1999
(a) A restaurant in operation or in construction before the effective date of this Section
which has indoor dining areas shall provide separate indoor nonsmoking dining areas
which must:
1) be separated from smoking areas by a minimum of four (4) feet of contiguous
floor space,
2) be ventilated, where feasible, and
3) situated so that air from the smoking area is not drawn into or across the
nonsmoking area.
(b) Subsection (a) does not apply to a existing restaurant which undertakes a major
renovation after the effective date of this section. Smoking is prohibited in a
restaurant in operation which undertakes a mayor renovation after the effective date of
this section except that the restaurant can furnish a designated smoking area provided
that the designated smoking area complies with subsection (d)
(c) Smoking shall be prohibited in a restaurant that is constructed after the effecrive date
of this section, except that a designated smoking area can be furnished provided the
designated smoking area complies with subsection (d)
8
(d) A designated smoking area in an existing restaurant which undertakes a mayor
renovation after the effective date of this section or a restaurant constructed after the
effective date of this section must:
(1) not exceed fifty (50) percent of the net floor area, and
(2) be equipped with an air purification system (defined herein) or must have a
separate ventilation system (defined herein), and
(3) not allow the air from the smoking area to be drawn across the nonsmoking area,
and
(4) have sufficient ash trays or other suitable containers for extinguishing smoking
materials.
(e) A restaurant shall be clearly designated by appropriate signs visible to patrons within
the dining area indicating that a nonsmoking area is provided, however, no such sign
shall be required m establishments where all patrons are seated by a host or hostess
who advises them that separate smoking and nonsmoking areas are available
(f) Smoking shall be prohibited m non dining areas to which patrons have general access,
including, but not limited to, food order areas, food service areas, rest rooms, and
cashier areas.
(g) A .restaurant with a maximum occupancy of fifty (50) seats or less is exempt from the
requirements m subsection (a) (e) and (f) provided that the restaurant owner post a
sign at the restaurant's entrance that states "A NONSMOKING SECTION IS NOT
AVAILABLE" However, an owner of a restaurant with fifty seats or less can choose
to comply with the ordinance or designate the entire restaurant as nonsmoking
(h) All enclosed dining areas and break areas, regardless of number of seats, m city
buildings are nonsmoking.
(i) A person commits an offense if he or she smokes or possesses a burning tobacco,
weed, or other plant product in an area of a restaurant designated as a nonsmoking
area.
Section 29.5-5 Restaurants
Text of Section effective on January 1,2000
(a) All restaurants shall be nonsmoking, however a designated smoking area can be
furnished provided the designated smoking area complies with subsection (b)
(b) A designated smoking area m a restaurant must:
(]) not exceed fifty (50) percent of the net floor area,
9
(2) be equipped with an air purification system (defined herein) or must have a
separate ventilation system (defined herein), and
(3) not allow the air from the smoking area to be drawn across the nonsmoking area.
(c) A restaurant with a maximum occupancy of fifty (50) seats or less is exempt from the
requirements in subsection (a) and (b) provided that the restaurant owner post a sign
at the restaurant's entrance that states "A NONSMOKING SECTION IS NOT
AVAILABLE" However, an owner of a restaurant with fifty seats or less can
choose to comply with the ordinance or designate the entire restaurant as
nonsmoking.
(d) All enclosed dining areas and break areas, regardless of maximum occupancy, in city
buildings are nonsmoking
(e) A person commits an offense if he or she smokes or possesses a burning tobacco,
weed, or other plant product in a nonsmoking area of a restaurant.
Section 29.5-6 Smoking in Adult Entertainment Establishments, Billiard Halls,
Bingo Parlors and Bowling Centers
(a) A person commits an offense if he or she smokes or possesses a burning tobacco
weed or other plant product in an adult entertainment establishment, billiard hall,
bingo parlor or bowling center
(b) An owner, manager or operator of an adult entertainment establishment, billiard hall,
bingo parlor or bowling centers commits an offense if he or she allows smoking of a
tobacco product.
(c) Exceptions
(1) It is an exception to subsection (a) and (b) that the smoking or possession
occurred in a designated smoking area that complies with subsection (d)
(b) It is an exception to subsections (a) and (b) that the adult entertainment establishment,
billiard hall, bingo parlor or bowling center that is not open to persons younger than
18 years of age at any time.
(d) A designated smoking area must
(1) be equipped with an air purification system (defined herein) or must have a
separate ventilation system (defined herein), and
(2) not allow the air from the smoking area to be drawn across the nonsmoking area.
10
Section 29.5-7 Regulation of Smoking in Places of Employment
(a) All business and corporations shall be nonsmoking, however a designated smoking
area can be furnished provided the designated smoking area complies with subsection
(h)
(b) All shared office space shall be designated nonsmoking
(c) Employers shall designate all common areas of the workplace including but not
limited to, conference rooms, break rooms, rest rooms, and dining areas as non-
smoking, however a designated smoking area can be furnished provided the
designated smolcmg area complies with subsection (h)
(d) Multiple employers or tenants sharing common ventilation or air handling systems
shall be designated nonsmoking
(e) Signs
(1) Each employer shall prominently display at the entrance of the business signs
notifying employees and persons entering the business that smoking is prohibited
or that smoking is perrrutted m designated areas only
(2) In office buildings, the building manager or building owner shall prominently
display signs at each entrance notifying persons entering the premises that
smoking is prohibited or that smoking is perrrutted in designated smoking areas
only Building managers or building owners of office buildings that provide a
separate entrance to each office from the outdoors and have no indoor common
area shall display signs at each office entrance notifying persons entering the
prerises that sinokmg is prohibited or smoking is permitted in designated
smoking areas only
(f) Each employer shall communicate the requirements of this ordinance to each
employee through a written policy and by a public display of the policy m a common
area for all employees to view at all times.
(g) Each office building manager or building owner shall communicate the requirements
of this ordinance to each tenant through a written policy and by a display of the
policy m a common area for all tenants to view at all times.
(h) Designated Smoking Area
(1) A designated smoking area in the workplace shall be in an enclosed area and all
employees in the enclosed area must be smokers and
A. has a ventilation system (defined herein) that does not serve any other area
in the workplace or building; or
11
B no return air is permitted from the smoking area to a common air
ventilation system (defined herein), and provides an air change every
fifteen (i 5) minutes, exhaust the air to the exterior of the building and the
air from the smoking area cannot be drawn into nonsmoking areas, or
C. the designated smoking, areas is be equipped with a air purification system
(defined herein) and if required by a licensed professional engineer, an air
barrier or other barrier system defined in Section 29.5-1 Definitions.
(2) Designated smoking areas shall not be larger than comparable areas designated for
nonsmokers.
(3) A one person enclosed private office may be a designated smoking area provided
it complies with subsection (h) (1) or has a portable air purification system
(defined herein)
(i) Employers shall not discriminate, discharge, or m any other manner retaliate against
any employee exercising a right created by this ordinance.
(j) An employer may designate the entire workplace as nonsmoking.
(k) A building owner may designate an office building as nonsmoking
(1) A person, employer, building manager, building owner or lessee commits an offense
if he or she violates any provision of this section.
Section 29.5-8 Where Smoking is not Regulated
(a) Notwithstanding any other provision of this chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this chapter
(1) bars
(2) private residences,
(3) hotel and motel rooms rented to guests,
(4) retail tobacco stores,
(5) enclosed meeting or assembly rooms m restaurants, hotels, motels and other
public places while the entire room is being used for a private function, and
(6) privately owned andlor leased indoor or enclosed areas at public event facilities
12
(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 29.5-9 Sale of Cigarettes or Tobacco Products to Persons Younger than 18
Years of Aye Prohibited; Proof of Aye Required
(a) A person commits an offense if the person with crinunal negligence
(1) sells, gives, or causes to be sold or given a cigarette or tobacco product to
someone who is younger than 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 18 years of age
(b) A retailer commits an offense if•
(1) an agent or employee of the retailer commits an offense under Subsection (a), and
(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 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
Section 29.5-10 Vendor Assisted Sales Required; Vending Machines
(a) Except as provided by Subsection (b), a retailer or other person may not:
(1) offer cigarettes or tobacco products for sale in a manner that permits a customer
direct access to the cigarettes or tobacco products. or
(2) install or maintain a vending machine containing cigarettes or tobacco products
(b) Subsection (a) does not apply to a facility or business that is not open to persons
younger than 18 years of age at any time
13
(c) A person commits an offense if the person violates Subsection (a)
Section 29 5-11 Sale of Cigarettes or Tobacco Products to Persons Younger than 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 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 over 18 years of age.
(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) satisfies the requirements of
Subsection (a)
(d) A retailer commits an offense if the person violates this section.
(e) A fine for an offense under this section may be up to $100 per violation.
Section 29.5-12 Notification of Employees and Agents
Each retailer shall notify each individual employed by the retailer who is to be engaged m
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 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 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 29.5-11
Section 29.5-13 Distribution and Sale of Cigarettes or Tobacco Products
(a) A person commits an offense if he or she distributes to persons younger than 18 years
of age
(1) a free sample of a cigarette or tobacco product; or
(2) a coupon or other item than the recipient may use to receive a free or discounted
cigarette or tobacco product or a sample cigarette or tobacco product.
14
(b) A person commits an offense if the person sells cigarettes in quantities less than an
individual package containing at least 20 cigarettes.
(c) An offense under Subsection (b) is a misdemeanor punishable by a fine up to $100
Section 29 5-14 Possession, Purchase, Consumption and Receipt of Tobacco
Products By Minors Prohibited
(a) A person who is younger than 18 years of age commits an offense if the person.
1) possesses, purchases, consumes or accepts receipt of a cigarette or tobacco
product , or
2) falsely represents himself or herself to be 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 m 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 m the performance of the employee's duties as an
employee.
(c) It is exception to the application of this section that the individual younger than 18
years of age is participating in an inspection or test compliance of the ordinance
(d) An offense under this section is a misdemeanor punishable by a fine of not less than
$25 nor more than $200 If a person has been previously convicted of a violation
under this section, a subsequent violation is misdemeanor punishable by a fine of not
less than $100 nor more than $500
(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 rrunor
(f) If a smoking awareness course is not readily available, the court may require the
minor to perform additional tobacco-related community service hours
15
Section 29.5-15 Advertisement of Cigarettes and Tobacco Products
Text of Section effective on January 1,1998
(a) A sign containing an advertisement for cigarettes or tobacco products may not be
located closer than 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 m 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 10 times during a 12 month period.
Section 29.5-16 Posting of Sims
(a) "No Smoking" signs or the international "No Smoking" symbol (consisting of
pictorial representation of a burning cigarette enclosed in a circle with a bar across it)
or when applicable "Smoking In Designated Areas Only" shall be clearly, sufficiently,
and conspicuously displayed at every entrance of every building where smoking is
regulated by this chapter, by the owner, operator, manager, or other person having
control of such building or other place.
(b) A owner of a restaurant with fifty (50) seats or less that does not provide a non
smoking area shall conspicuously display at rts entrance a sign which states "A
NONSMOKING SECTION IS NOT AVAILABLE."
(c) A person, business owner, restaurant owner or building owner or manager commits an
offense if he or she fails to post and maintain the required sign(s)
(d) All signs required by this chapter shall be approved by the city and provided by the
city
Section 29.5-17 Structural 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 ordinance.
Section 29.5-18 Enforcement
(a) The Health Department shall be primarily responsible for the implementation and
enforcement of this ordinance
16
(b) A citizen may file a complaint with the Department of Health.
(c) Any owner, manager, operator, or employee of any establishment regulated by this
chapter may inform persons violating this chapter of the appropriate provisions
thereof
(d) The Department of Health shall investigate complaints and may issue warnings and
citations to persons violating this chapter
Section 29.5-19 Ventilation and Air Purification Approval List
The Health Department will provide an approved list of devices that have been certified
by a licensed professional engineer to comply with the requirements of the ordinance
within ninety (90) days of the effective date of the ordinance
Section 29.5-20 Culpability
Except as provided in Section 29.5-9(a) and (b), there shall be no requirement of a
culpable mental state for a violation of this chapter
Section 29.5-21 Nonretaliation
No person shall not discriminate, discharge, refuse to hire, or in any manner retaliate
against any person, employee, applicant or tenant exercising a right created by this
ordinance.
Section 29.5-22Public Education
The Department of Health shall engage in a continuing program to explain the purpose
and requirements of this ordinance to business and citizens affected by it and to guide
persons, owners, operators, and managers in their compliance with it. The Department of
Health may encourage employers to promote employee participation m tobacco education
and smoking cessation programs. Such programs may include publication of a brochure
explaining the provisions of this ordinance to affected individuals and businesses.
Section 29.5-230ther Applicable Laws
This chapter shall not be interpreted or constructed to perrrut smoking where it is
otherwise restricted by other applicable law
Section 29.5-24 Violations and Penalties
Except as provided in Section 29.5-11, Section 29 5-13, Section 29.5-14, any person,
firm, corporation, agent or employee thereof who violates any provision of this chapter,
shall, upon conviction be fined an amount not more than one hundred dollars ($100), a
17
fine not exceeding $200 shall be assessed upon a second conviction under any provision
of this chapter; a fine not exceeding $500 shall be assessed upon a thzrd or subsequent
conviction under any provision of this chapter
Sections 29.5-25 through 29.5-30 reserved.
SECTION 2.
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 3.
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 4.
Any person, firm or corporation who violates, disobeys, orruts, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than One Hundred Dollars ($100 00) for the first violation, not more than
Two Hundred Dollars ($200 00) for the second violation, and not more than Five Hundred
18
Dollars ($500 00) for a third or subsequent violation. Each day that a violation is permitted.
to exist shall constitute a separate offense.
SECTION 5.
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 m Section 1, 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 m court or not, under
such ordinances, same shall not be affected by thzs ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption and Section 4 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.
SECTION 7.
This ordinance shall be in full force and effect thirty (30) days after its passage and
publication as required by law, and it is so ordained.
APPRO AS TO FO AND GALITY
A SIS ANT CITY ATTORNEY
DATE.
r
ADOPTED•_ ~ " ~D ^ 7
19
EFFECTIVE. (D ~ ~ ~ "' ~ /
20
City of Fort worth, Texas
Mayor and Council Communication
DATE REFERENCE NUN~SR LOG NAME PAGE
05/06/97 G-11889 02SMOKE 1 of Z
SUBJECT ~ SMOKING ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached smoking ordinance.
DISCUSSION
The current smoking ordinance in Fort Worth was adopted by City Council in February 1986
In the 11 years since its passage, there have been numerous studies regarding the dangers
of second hand smoke and the increasing numbers of minors using tobacco products. The
attached ordinance addresses concerns about second hand smoke in public places, the work
place and restaurants It also attempts to limit minors access to tobacco products
• The proposed ordinance provides a smoke free environment in most public places.
• The proposed ordinance designates the workplace as smoke free, but smoking areas can
be provided by employers who choose to take advantage of the options available in the
ordinance
• To address concerns in the restaurant industry, the proposed ordinance treats restaurants
differently from other public places Existing restaurants are governed under the current
ordinance until January 1, 2000 except that they must provide a nonsmoking section that
is separated from a smoking section by four feet All new restaurants and existing
restaurants that undertake major renovations can provide a smoking section with a
separate ventilation system or an air purification system After January 1, 2000 all
restaurants in Fort Worth will be smoke free, but restaurant owners can have a smoking
section as long as a separate ventilation system or air purification system is used The
ordinance provides an "Economic Hardship Exception" for restaurant owners who would
not be able to make a reasonable profit complying with the requirements of the ordinance
;, ,
~: s _~
~ E. ~
Printed on Recorded Paper
1
City of Fort Worth, Texas
Mayor and Council Communication
RATS
05/06/97 REP'ERENC>3 NUMBER
G-11889 LOG NAME
02SMOKE PAG$
2 of 2
sUa~cT SMOKING ORDINANCE
• The ordinance also tracks proposed state legislation in the area of minors access to
tobacco products To prevent minors from obtaining tobacco products, such provisions
include
• All persons under 27 must show identification to purchase tobacco products
• Tobacco vending machines are prohibited in locations where minors have access
• It is an offense for a minor to purchase, possess or consume a tobacco product.
• People who buy tobacco products will not have direct access to the products, instead
all sales must be with the assistance of the vendor
BT m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department, Head:
MAY `~Q '~T
Wade Adkins 7606 (from)
QLcs~ l.+tiwA,i~/
For Additional Information -~ City S~crshr~ of tttt
contact: ~ city of Fort woriis, Trtms
Cynthia Garcia 7611
Printed on Recyded Paper Adopted OrdinanC~ No,/~Q~