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HomeMy WebLinkAbout021697 ORD - 07/06/1993AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 23-74, SMOKING PROHIBITIONS, TO MODIFY THE MINIMUM NONSMOKING SEATING REQUIREMENT FOR FOOD SERVICE ESTABLISHMENTS; SPECIFYING ADDITIONAL SMOKING PROHIBITIONS AND RELATED REQUIREMENTS APPLICABLE TO RESTAURANTS (SEATING FIFTY OR MORE) NEWLY CONSTRUCTED OR REMODELED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 23, Health and Sanitation, Article III, Unhealthful or Dangerous Conditions, Section 23-74, Smoking prohibitions, is hereby amended as follows: MS5000.013.ajr (a) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco, or other, smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to nonsmokers when disputes arise. (b) Regulations to provide clean air. (1) Except as otherwise provided in this section, no person shall smoke or carry a lighted cigar, cigarette, pipe or any form of smoking object or device in: a. Public facilities. Public areas of indoor facilities and indoor areas used by the public including, but not limited to: Arenas, auditoria, classrooms, clubhouses, courthouses, elevators, gymnasia, public areas of in-patient health care facilities and hospitals, lecture halls, libraries, limousines or buses used to transport the public, medical diagnostic centers, movie houses, museums, public means of mass transportation, public restrooms, public waiting rooms, spas and health clubs, swimming pools, taxicabs, theaters and public areas of any municipal facility. 021697 EILMED 2 b. Groceries. Retail or wholesale premises which offer foodstuffs for sale, except for restaurants, or other eating places and taverns, as provided for in subsection (b)(1)(e) of this section. c. Stores. All other retail or mercantile establishments patronized by the public. d. Employee workplace. Auditoria, cafeteria and kitchens, classrooms, conference rooms, employee lounges, employee health care service areas, hallways, lobbies and elevators, meeting rooms, restrooms, and work areas in the indoor portion of those premises in which employees perform duties including, but not limited to clerical, financial, professional, managerial, manufacturing, assembling or packaging of goods, products or merchandise. 1. An employer may designate a separate portion or portions of the work area, employees lounge, and cafeteria for smoking. 2. In facilities with multiple restrooms an employer may designate one or more for smoking as long as at least one for each gender is designated for nonsmoking. e. Food service. Those portions of the indoor area of cafeterias, coffee shops, diners, luncheonettes, restaurants, sandwich shops, short-order cafes, soda fountains, or other areas of establishments in which food is served, except areas such as bars, cocktail lounges, and/or night clubs where seating is primarily for service of alcoholic beverages, and except designated smoking areas in conformity with the following standards: 1. Owners shall ensure that seating provided for nonsmokers is twenty five (25) a minimum of fifty (50) percent of total seating or in direct proportion to the number of customers requesting nonsmoking seating, whichever is greater. (After July 6, 1994, the percentage of nonsmoking seating just stated shall increase from fifty percent (50%) to sixty-five percent (65%). After July 6, 1995, this same percentage shall increase from sixty-five percent (65%) to seventy percent (70%)). MS5000.013.ajr T 3 2. Seating for those requesting seating in nonsmoking areas shall be arranged to make maximum use of the air flow provided by the ventilation system. 3. The patron waiting area and restrooms in facilities covered by subsection (b)(1)(e) of this section shall be designated as nonsmoking areas, except that separate waiting areas may be provided for smokers. 4. Restaurants having a seating capacity for customers of fifty or greater. either newly constructed after the effective date of this ordinance or remodeled after that date to such an extent that the cost of rehabilitation exceeds 50% of the value of the building, shall be required to comply with the following additional standards: the patron waiting area and restrooms shall be designated as nonsmoking areas, except that separate waiting areas may be provided for smokers; the no smoking areas shall be kept clear of smoke; the smoking areas shall not include any part of the establishment to which nonsmokers may need access; and all smoking areas shall have air ventilation systems separate from the air ventilation systems for nonsmoking areas. f. Entertainment. 1. Facilities open to the public to exhibit motion pictures, stage plays, musical presentations, athletic events, or other performances or events shall confine smoking to the area of the premises commonly known as the lobby, provided the latter is physically separated from the performance area and has been designated for smoking. 2. In movie houses, the message "SMOKING IS PROHIBITED" or equivalent thereof shall be shown on the screen in conjunction with each showing of the feature presentation. MS5000.013.ajr T 1 4 (2) Other regulations. No area may be designated for smoking where prohibited by the fire prevention ordinances or another agency having jurisdiction. (3) Private functions. Smoking restrictions in this section will not apply to those portions of a facility in which private social functions are being held. Also, restrictions will not apply when seating arrangements are under control of the sponsor of a function and not the owner or operator of the facility, except as provided in sections 36-54 and 36-93 of this Code. A private social function includes private functions or gatherings sponsored by individuals or groups which are limited to invited guests and are not open to the public either free or through the sale of tickets. (4) Bowling lanes. Smoking restrictions in this section will not apply to that portion of bowling establishments which contain bowling lanes. (5) Shopping malls. Smoking restrictions in this section will not apply to those parts of the common areas of indoor shopping malls which are designated smoking areas. (6) Residences. Smoking restrictions in this section will not apply to residential buildings including guest room areas of hotels. (c) Posting of signs. In each facility, signs required by this section shall be posted by the activity's or enterprise's owner, operator, manager, or person in charge. Such responsibility belongs to all such persons, and any or all may be prosecuted for violation hereof. Such signs shall be reasonably protected by management from tampering, damage, removal, or concealment. (1) Signs must be of a durable material or laminated. (2) A clearly visible sign with the words "SMOKING IS PROHIBITED BY CITY ORDINANCE/EXCEPT IN DESIGNATED AREAS" will be posted at all entries to any facility, in any part of which smoking is prohibited by this section. Clearly visible signs using the words "SMOKING - PERMITTED IN THIS AREA" will be posted in areas in which smoking is permitted. (3) MS5000.013.ajr 5 (d) Additional responsibilities of management. The activity's or enterprise's owner, operator, manager, or person in charge of the facility shall also be responsible to: (1) Enforce this section by requesting compliance from patrons verbally or by presenting to them a director's message card as promulgated by the director of public health, and by prohibiting employees from smoking except in designated areas. (2) Develop and implement a plan of compliance which specifies the area(s) in which smoking is permitted and the manner in which this information is conveyed to the public and all employees. The plan shall be available for inspection by the director of health or his designees. Such responsibility belongs to all of said persons, and any or all may be prosecuted for violation hereof. (e) Inspection and enforcement. (1) The owner, operator, manager, or person in charge of the facility shall permit the director of health or his designees entrance to the facility to determine compliance with this section. Such responsibility belongs to all of said persons, and any or all may be prosecuted for violation hereof. (2) The director of public health or his designees shall be authorized to serve official notices of violation of this article. (f) Violations. (1) A person who violates any part of this section commits an offense punishable under section 1-6 of this Code. (2) Failure of any premises to comply with this section within five (5) days of written notice of violation shall be grounds for injunctive relief in the appropriate court. (g) MS5000.013.ajr Waivers. The director of public health shall have the authority to grant a waiver from a specific provision of this section, in a particular case, due to hardship conditions, where such waiver is in harmony with the general purposes and declaration of this section. 6 (h) Miscellaneous. (1) Nothing herein shall be construed to permit the smoking of any substance otherwise illegal. (2) When possession of burning tobacco or smoking tobacco is also prohibited by Section 48-01, Texas Penal Code, as to a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, plane, or train which is a public place, such violation shall be prosecuted under said state law. (3) This section shall take effect September 1, 1986. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. MS5000.013.ajr That the foregoing ordinance was reAd for the first time and passed to its second reading on this the day of ,]1/4"&t 19 t:3 , by the following vote: 10 'tut Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss That the foregoing ordinance was read pas finally on this the YJ day 19 , by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo ,) Betty Jean Longoria ,JO IJO 19E5 AND APPROVED, this the ATTEST: City Secretary for the of s uld time and 0 Edward A. Martin Dr. David McNichols David Noyola Clif Moss day of I kth.t APPROVED: It DAY OF v VNt 1 MAYOR THE CITCORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY By �' Citttorney \forme\066 021697 , 19 din