O-2176-6-03ORDINANCE NO. 2176-6-03
' AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 10 TO ADD ARTICLE III TO PROVIDE SMOKING REGULATIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 217.002 of the Local Government Code allows municipal governments to define public
nuisances, including those detrimental to the health and comfort of the public, and authorizes the abatement of
such nuisances including through punishment by fine; and,
WHEREAS, there are scientific studies that indicate secondhand smoke produced by the burning of tobacco
may be harmful to the public's health, and,
WHEREAS, the City of Allen intends to provide safeguards for the public's health by establishing
regulations pertaining to smoking in public places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
' amending Chapter 10, in part, to add Article LD, Smoking Regulations to read as follows:
"Chapter 10
OFFENSES -MISCELLANEOUS
ARTICLE III. SMOKING REGULATIONS
Sec 10-30. Purpose.
The purpose of this Ordinance is to provide regulations for certain businesses with public areas on then
premises by requiring the clear distinction between designated smoking and non-smoking areas and requiring
that non-smoking areas remain generally smoke-free.
Sec 10-31. Title; Application.
(a) This Article shall be known as the Public Smoking Regulation Ordinance.
(b) This Article applies to businesses with public areas on their premises.
(c) This Article is intended to insure that retail and service establishments and food service
establishments have designated non-smoking areas that remain generally smoke free if they are
operating m a facility that provides designated smoking and non smoking areas for patrons.
' Sec 10-32. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings respectively
ascribed to them herein, except where the context clearly indicates a different meaning:
Administrative areas shall mean the area of an establishment not generally accessible to the public,
including but not limited to, individual offices, stockrooms, employee lounges, or meeting rooms.
' Designated smoking area shall mean an area where smoking is permitted.
Designated non-smoking area shall mean an area where smoking is not permitted.
Food service establishment means any restaurant, coffee shop, cafeteria, luncheonette, tavern,
cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment,
and any other eating establishment, organization, club, boardinghouse, or guesthouse, which gives or offers
for sale food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities.
Public area means any enclosed, indoor area that is open to or is used by the general public and
includes but is not limited to: retail stores, grocery stores, offices, professional, commercial or financial
establishments, restaurants, public and private institutions of education, health care facilities, nursing and
convalescent homes, residential treatment facilities, and buildings owned or occupied by political
subdivisions.
Retail or service establishment shall mean an establishment which sells goods or services to the
public, including but not limited to, department stores, grocery stores, banks, gasoline service stations,
drugstores, theaters, stadiums, auditoriums and movie houses.
Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and
accessories and in which the sale of other products are merely incidental.
' Smoke or smoking means and includes the possession of a pipe, cigar or cigarette of any kind that is
burning, or the igniting of a pipe, cigar or cigarette of any kind.
Tobacco product means a cigarette, cheroot, stogie, cigar, snuff, smoking tobacco, chewing tobacco
and any article or product made of tobacco or a tobacco substitute.
Sec 10-33. Smoking Prohibited in Certain Public Areas.
(a) It shall be an offense for a person to smoke or otherwise use a tobacco product or posses a burning
tobacco product in the following areas:
(1) a public/private primary or secondary school;
(2) a health care facility or hospital;
(3) an elevator;
(4) a library in museum, except as provided in (c) below;
(5) a public conveyance;
(6) any building or facility owned or controlled by the City;
(7) any retail or service establishment except as provided in (c) below;
(8) a public restroom, except as provided in Section 10-35(a);
(9) a day care center; or
(10) any area marked with a no smoking sign, in accordance with this Article, by the owner or person
in control of any hospital, health care facility, or retail or service establishment, serving the
general public.
' (b) The owner or person in control of an establishment or area as designated in section 10-33(a) shall post
a conspicuous sign at the main entrance to the establishment containing the words "No Smoking."
Ordinance No. 2176-6-03. Page 2
(c) The owner or person in control of a retail or service establishment, a library or museum may
designate an area, including, but not limited to, lobbies, meeting rooms, or waiting rooms, as a
smoking area; provided, that the designated smoking area may not include:
(1) cashier areas or over-the-counter sales areas;
(2) the viewing area of any theater or movie house; and
(3) areas generally used by the public or common areas.
The owner or person in control of a retail or service establishment, a library or museum, shall post a
conspicuous sign at the main entrance to the establishment containing the words "No Smoking,
Except in Designated Areas" or other winds that clearly indicate that smoking is allowed only in
designated areas.
(d) It is a defense to prosecution under this Section if the person was smoking or using a tobacco product,
a possessed burning tobacco product in a location that was:
(1) not posted with a notice that smoking was prohibited;
(2) a designated smoking area of a retail or service establishment, or a library a museum which is
posted as a smoking area with appropriate signs;
(3) an administrative area or office of a retail or service establishment, or a library or museum; or
(4) a retail tobacco store.
Sec. 10-34. Written Policy Required.
The owner or person in control of any area designated as a "no smoking area" in a retail or service
' establishment or a library a museum shall have a written policy on smoking on its premises that confomts to
this Article and which is available for employee and City examination.
Sec. 10-35. Food Service Establishments.
A food service establishment that has indoor or enclosed dining areas shall, at the time an application for a
building permit is submitted, notify the building official in writing on a form provided by the City whether
such food service establishment will be operated as a smoking facility, or a non-smoking facility, or provide
designated smoking and non-smoking areas fm patrons in compliance with (c) below.
(a) In a smoking facility, smoking is permitted in all common and dining areas in an establishment,
including, but not limited to, food order, pickup, and cashier areas and restrooms. Designated non-
smoking areas will not be available. Smoking will be prohibited in food preparation areas.
(b) In a smoking free facility, smoking is not permitted in any common or dining areas in an
establishment. Designated smoking areas will not be available.
(c) A facility that provides both dedicated smoking and non-smoking areas most comply with the
following provisions:
(1) A non-smoking area must:
a. be separated from the designated smoking area by a wall with a minimum height of eight feet,
or a barrier system, that hinders or prevents the movement of smoke from the designated
smoking area into a non-smoking area that has been approved by the Building Official or
designee, except for food service establishments that have been issued a building permit prior
to July 1, 2003;
Ordinance No. 2176-6-03, Page 3
b. be ventilated with a separate ventilation system from the smoking area so that smoke from the
smoking area is not drawn into, across, or mixed with non-smoking areas, except for food
' service establishments that have been issued a building permit prior to July 1, 2003;
c. existing food service establishments not in compliance with Section 10-35(c)(1)(a) or (b) that
undergo renovations or alterations exceeding more than fifty percent (50%) of the original
valuation of the establishment as designated in the building permit shall comply with the
ventilation and barrier requirement herein upon completion of such renovation or alteration;
and
d. be designated with appropriate signs visible to the patrons in the ding area
(2) A smoking area must:
a. have ashtrays or other suitable containers for extinguishing lit tobacco products placed at the
perimeters of the smoking area; and
b. ventilation systems serving smoking areas in food service establishments shall be designed to
filter tobacco particulate and odors to minimize the recirculation of smoking byproducts into
the occupied space.
(3) Have and implement a written policy on smoking on its premises that conforms to this Article and
which is available for employee and City examination;
(4) Designate as non-smoking areas any non -dining areas of any food service establishment to which
' patrons have general access, including, but not limited to, food order areas, food service areas,
restrooms and cashier areas.
(d) All facilities must have signs placed outside the establishment that clearly indicate whether the
facility is entirely smoking, entirely non-smoking or that smoking is allowed in designated areas.
Sec 10-36. Non Smoking Food Service Establishments, Non Smoking Areas
A person commits an offense if the person smokes or possesses a burning tobacco product in an area or food
service establishment designated as non-smoking.
Sec 10-37. Compliance.
(a) Nothing in this Article prevents a business or property owner from imposing stricter regulations in
regards to delineation of smoking and non-smoking areas, physical barriers and ventilation or any
other provision of this ordinance.
(b) The Building Official, or designee, and the Building and Code Enforcement Department, in other
department of the City, as designated by the City Manager, are authorized to take action to enforce
the provisions of this Article."
SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
' of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the
provisions of this Ordinance, be, and the same we hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
Ordinance No. 2176-6-03 Page 4
SECTION 4. Any person, f nn or corporation violating any of the provisions of this Ordinance or of the Code
' of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the
municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Five Hundred
Dollars ($500) for each offense, and each and every day said violation is continued shall constitute a separate
offense.
SECTIONS. This Ordinance shall take effect July 1, 2003 from and after its passage, and publication of
the caption, as the law and charter in such cases provide; and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE lora DAY OF JIJNF„ 2003.
APPROVED:
Stephexi MAYOR
APPROVED AS TO FORM: ATTEST:
(2.alv�-
' C --
Peter .
GSmith, ATTORNEY clly BGo e, TUNIC, CI ECR
ETARY
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