HomeMy WebLinkAboutOrdinance 13087~~
~,
ORDINANCE NO. ~ ~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), A5 AMENDED, BY THE AMENDMENT OF
CHAPTER 29.5, "SMOKING" AS FOLLOWS: SECTION 29.5-5,
"RESTAURANTS" PROVIDING THAT A SMOKING SECTION
MUST NOT EXCEED FIFTY PERCENT OF THE NET DINING
AREA; SECTION 29.5-8 "WHERE SMOKING IS NOT
REGULATED" PROVIDING THAT PRIVATE CLUBS SHALL BE
ADDED TO THE LOCATIONS WHERE SMOKING IS NOT
REGULATED; SECTION 29.5-10 "VENDOR ASSISTED SALES"
PROVIDING THAT RETAIL TOBACCO STORES ARE EXEMPT
FROM THIS SECTION; SECTION 29.5-10.01 "VENDING
MACHINES" PROVIDING THAT TOBACCO VENDING
MACHINES ARE PERMITTED ONLY IN LOCATIONS THAT DO
NOT ADMIT MINORS AT ANY TIME AND IN LOCATIONS IN
FACILITIES WHICH THE GENERAL PUBLIC DOES NOT HAVE
ACCESS TO THE VENDING MACHINE; SECTION 29.5-11 "SALE
OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS
YOUNGER THAN 27 YEARS OF AGE" PROVIDING THAT A
PERSON MUST BE 18 YEARS OF AGE OR OLDER TO BUY
TOBACCO PRODUCTS AND THAT A RETAILER COMMITS AN
OFFENSE IF THE REATILER VIOLATES THIS SECTION;
SECTION 29.5-15 "ADVERTISEMENT OF CIGARETTE AND
TOBACCO PRODUCTS," BY PROVIDING A DEFINITION FOR
"SIGN"; SECTION 29.5-21 "NONRETALIATION" PROVIDING
THAT A PERSON SHALL NOT DISCRIMINATE, DISCHARGE OR
REFUSE TO HIRE OR IN ANY MANNER RETALIATE AGAINST
A PERSON EXERCISING A RIGHT CREATED BY THIS
ORDINANCE; SECTION 29.5-24 "VIOLATIONS AND
PENALTIES" PROVIDING THAT PENALTIES FOR VIOLATING
PROVISIONS CONCERNING VENDING MACHINES SHALL BE A
FINE OF UP TO $2,000; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A FINE OF UP TO $2,000 FOR EACH OFFENSE IN
VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That the Code of the City of Fort Worth, Texas (1986), as amended, is hereby
amended by making the following amendments to
Section 29.5-5 "Restaurants" Text of Section Effective until December 31, 1999 subsection
(d) is hereby amended to read as follows.
" (d) A designated smoking area in an existing restaurant which
undertakes a major 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 dinning 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 smolcmg area to be drawn across the
nonsmoking area, and
(4) have sufficient ash trays or other suitable containers for
extinguishing smoking materials."
Section 29.5-5 "Restaurants" Text of Section Effective on January 1, 2000 subsection (b) is
hereby amended to read as follows.
"(b) A designated smoking area m a restaurant must:
(1) not exceed fifty (50) percent of the net dining area,
(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."
Section 29.5-8 "Where Smolcmg is Not Regulated" subsection (a) is hereby amended to
read as follows
" (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 in restaurants, hotels,
motels and other public places while the entire room is being
used for a private function,
(6) privately owned and/or leased indoor or enclosed areas at
public event facilities, and
(7) private clubs."
Section 29.5-10 "Vendor Assisted Sales Required" is hereby amended to read as follows
"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 18
years of age at any time, or
(2) tobacco retail stores.
(c) A person commits an offense if the person violates subsection (a) "
A new Section 29.5-10 O1 "Vending Machines" is hereby added which shall read as
follows.
"(a) A person commits an offense if he or she 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.
(b) Exceptions.
(1) It is an exception to subsection (a) that a cigarette vending machine
is located within an enclosed facility which does not adnut 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 exceprion to subsection (a) that a cigarette vending
"' w machine is located m 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 this area to which
the general public or members of a private club are prohibited.
(c) An offense under this section is a misdemeanor punishable, upon
conviction, by a fine an amount not to exceed Two Thousand and
No/100 Dollars ($2,000) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense."
Section 29.5-11 "Sale of Cigarettes or Tobacco Products to Persons Younger than 27 Years
of Age" is hereby amended to read as follows.
"(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 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(s)
(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 retailer violates this section.
(e) A fine for an offense under this section shall not exceed $100 per each
violation."
Section 29.5-15 "Advertisement of Cigarettes and Tobacco Products" is hereby amended by
adding a new subsection (d} which shall read as follows.
"(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, and
(2) visible from the main-traveled way of a street or highway "
Section 29.5-21 "Nonretaliation" is hereby amended to read as follows.
"A person shall not discnnunate, discharge, refuse to hire, or m any manner
retaliate against any person, employee, applicant, or tenant exercising a right
created by this ordinance."
Section 29.5-24 "Violations and Penalties" is hereby to read as follows.
"Except as provided in Section 29.5-10 Ol, Section 29.5-11, Section 29 5-
13 and 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 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 third or subsequent. conviction under any provision of this chapter "
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, m
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 phrases, clauses,
sentences, paragraph and sections 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
r
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, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
upon conviction be fined an amount not more than one hundred dollars ($100), a 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 third or subsequent
conviction under any provision of this chapter, except than a violation under Section
29.5-10 O1 "Vending Machines" shall, upon conviction be fined not more than Two
Thousand Dollars ($2,000 00), a violation under Section 29.5-11 "Sale of Cigarettes or
Tobacco Products to Persons Younger than 27 Years of Age" "shall, upon conviction be
fined not more than one hundred dollars ($100), Section 29.5-13 "Distribution and Sale of
Cigarettes or Tobacco Products" "shall, upon conviction be fined not more than one
hundred dollars ($100), and Section 29.5-14 "Possession, Purchase, Consumption and
Receipt of Tobacco Products by Minors Prohibited" "shall, upon conviction be fined not
less than twenty-five dollars ($25) nor more than two hundred dollars ($200) and a
subsequent violation under this section shall upon conviction be fined not less than one
hundred dollars ($100) nor more than five hundred dollars ($500)
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 in 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 in court or not, under
such ordinances, same shall not be effected by this 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 m full force and effect after rts passage and publication as
required by law, and it is so ordained.
APP D AS TO RM LEGALITY
A SIS ANT CITY ATTORNEY
DATE. 7
ADOPTED 7- / 5 - ~ 7
EFFECTIVE.
Cat~v o,~F~ort Worth, ~'exas
1~llayor and C~~uncil Communication
07/15/97 **G~11946 12SMOKE 1 of 2
SUBJECT AMENDMENT TO THE SMC)KING ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends to the
smoking ordinance
DISCUSSION
The smoking ordinance was adopted by City Council on May 27, 1997 and became effective on
June 29, 1997 Since the ordinance's passage, citizens and business owners have called city
staff with questions and concerns about the ordinance The attached amendments to the
smoking ordinance address their concerns and correct errors or oversights in the ordinance
The proposed amendments to the ordinance are as follows
Presently "smoking sections" in Section 29 5-5 "Restaurants" cannot exceed fifty percent
of the net area Some restaurantt owners and citizens have stated that this could mean that
a restaurant owner could take tlhe kitchen, lobby area and rest rooms into account when
determining the size of the smoking section It was the intent of the ad hoc committee that
a smoking section would not Ibe larger than a nonsmoking section Therefore, it is
proposed that "smoking section" be amended to state that it shall not exceed fifty percent
of the net dining area
2 It is proposed that "private clul:~s" be added to Section 29 5-8 "Where Smoking is Not
Regulated " Private clubs are dE:fined in the ordinance as a facility permitted by the state
and allowed by a special use permit by the city for the storing, possession and dispensing
for on-premises consumption of alcoholic beverages Many private club owners called and
said that they believed they were exempt from this chapter because they are bars, which
are exempt under the ordinance After rereading the ordinance, there was a question as
to whether this was correct because there is a separate definition for "private clubs" and
"bars" in the ordinance To correct this oversight, it is proposed that "private clubs" be
added to the list of locations where smoking is not regulated
3 It is proposed that retail tobacco stores be exempt from Section 29 5-10 "Vendor Assisted
Sales Required " Many retail tobacco stores called and asked if their sales had to be
vendor assisted These businesses were concerned because they wanted to continue to
allow their customers to select cigars and other tobacco products without their assistance
Printed on Recyded Paper
City of Fort Worth, Tea~as
1~layor and Council Communication
DATE REFERENCE NIILdBER LOG NAME PAGE
07/15/97 **G-111946 12SMOKE 2 of 2
S'[TEJECT AMENDMENT TO THE SMOKING ORDINANCE
4 It is proposed that Section 29 5-10 01 "Vending Machines" be added to the ordinance
On June 24,1997 tobacco vending machine owners filed suit against the City To settle
the lawsuit, the Court asked if City Council would adopt provisions identical to Arlington's
Tobacco Vending Machine Ordinance Arlington's Ordinance prohibits tobacco vending
machines except in locations where minors are not permitted and in locations in facilities
that are not accessible to the general public The fine for a violation of this section is
52,000
5 It is proposed that subsection (a) and (d) in Section 29 5-11 "Sale of Cigarettes or Tobacco
Products to Persons Younger than ~!7 Years of Age" be amended to correct two errors
made Subsection (a) should state tF~at a person must present valid proof of identification
showing the person's age to be 18 years of age or older Currently this section says that
a person must be 19 years old to buy tobacco products Subsection (d) must be corrected
to reflect Council's instructions at thE; public hearing At the hearing, Council directed city
staff to change "person" to "retailer," however, this change was not made in subsection
(d)
6 It is proposed that a definition for "Signs" be added to Section 29 5-15 "Advertisement of
Cigarettes and Tobacco Products "Retailers have requested the city to include a definition
for signs in this section The proposed "sign" definition comes from Senate Bill 55
7 It is proposed that Section 29 5-21 "Nonretaliation" be amended because it is causing
confusion among citizens and busine:~s owners To clarify the section, it is proposed that
this section be amended to state "A 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 "
8 {t is proposed that Section 29 5-24 "Violations and Penalties" be amended to add the
52,000 penalty for violating Section 29 5-10 01 "Vending Machines"
CBf
Submitted for City Manager's FUND ACCOlJNT CENTER AMOUNT CITY SECRETARY
Oft`ice by: (to)
~t(`("tl~V ~6d
Charles Boswell 8511 ("~ I ~'~/ ("~ (~ I i ~ (~~
!
~j
'
Originating Department Head: [ ~d \.f
V
1J
J U (. t ~ `I~9r
Wade Adkins 7623 (from)
For Additional Information CI~r of $~
'
~~ ~$ ~~ 11~AFtat'
Contact:
Wade Adkins 7623
Printed on Recyded Paper A i`i ~, i ! ~ ° ~ ~ i~ ~'• ~ .t C ~'' ~ s~ t--=~