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:
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(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.
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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%)).
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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.
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(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)
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(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)
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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.
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(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
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021697
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