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Home My WebLink About026094 ORD - 01/11/2005 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 23-74, SMOKING PROHIBITIONS, SUBSECTION (b)(1)(e), BY REVISING THE LANGUAGE; AMENDING SUBSECTION (b)(4) BY REVISING THE LANGUAGE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Section 23-74, Smoking Prohibitions, subsec- tions (b)(1 )(e) and (b)(4) are amended by revising the language to read as follows: "Sec. 23-74. Smoking prohibitions. * * * * * "(a) * * * * * "(b) * * * * * "(1 ) * * * * * "(a) * * * * * "(e) Food service establishments. Those portions of the indoor area of Anv place where food is prepared and intended for individual portion service, includinq the site at which individual portions are provided, served, or consumed, reqardless of whether or not consumption is on the premises, whether or not there is a charoe for the food, and whether or not alcoholic beveraoes are sold or served, includinq, but not limited to, cafeterias, coffee shops, delicatessens, diners, luncheonettes, restaurants, sandwich shops, and short-order cafes", soda fountains, or other areas of establishments in '""hich f-ood 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 arem: in conformity with tho follO'.\'ing standards: H:\LEG~DIR\eJizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3F.doc ") 6 0 9 <1 "1. Owners sh311 ensure th3t senting provided for nonsmokers is a minimum of fifty (50) per cent of tot31 se3ting or in direct proportion to the number of customers requesting nonsmoking seating, whiche'/er is grenter. (Mer July 6, 1991, the percentage of nonsmoking se3ting just st3ted shall incrense from fifty (50) percent to sixty five (65) percent. .^..fter July 6, 1995, this same percentnge shall incrense from sixty five (65) percent to seventy (70) per cent.) "2. Se3ting for those requesting se3ting in nonsmoking 3re3S sh311 be 3rr3nged to m3ke maximum use of the nir flow provided by the ventil3tion system. "3. The pntron w3iting 3re3 3nd restrooms in f~cilities covered by subsection (b)(1)(e) of this section shall be designnted as nonsmoking nreas, except thnt separ3te w3iting areas may be provided for smokers. "1. Restnurants h3ving 3 se3ting cnp3city for customers of fifty (50) or gre3ter, either newly constructed after the effective dnte of this section or remodeled 3fter th3t d3te to such an extent thnt the cost of rehnbilitation exceeds fifty (50) percent of the v31ue of the building, shnll be required to comply '....ith the f-ollowing 3ddition31 standards: the pntron '....niting nren and restrooms Sh311 be designated as nonsmoking nrens, except th3t sep3r3te wniting areas mny be provided for smokers; the non smoking areas shnll be kept cle3r of smoke; the smoking arens shnll not include 3ny p3rt of the establishment to 'Nhich nonsmokers m3Y need 3ccess nnd nil smoking are3S sh311 h3ve 3ir ventilation systems sep3rate from the 3ir ventilntion systems for nonsmoking 3re3S. "(1) Private homes where food is prepared and served for individual familv consumption are excluded from the prohibitions contained in this subsection. "(2) Outside seatinq areas onlv. of food service establishments covered bv subsection (b)(1)(e) of Sec. 23-74. are excluded from the smokinq prohibitions. provided that (1) the outside seatinq area is separated from the indoor seatinq area bv a floor-to-roof exterior wall containinq a fullv solid access door throuqh which patrons must pass to access the outside seatinq area: (2) patrons of the establishment. not otherwise seated outside. do not have to access or cross throuqh the outside seatinq area to utilize anv ancillary services of the establish- ment. which are available to anv patron or emplovee of the establishment. such as public restrooms or cashier counters: and (3) the outside seatinq area is located no closer than 10 H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3F.doc feet from the front door of the food service establishment. Compliance with the requirements contained in this subsection will be determined bva Code Enforcement Official. "(A) An "outside seatinQ area" means a seatinq area for patrons to eat food or drink beveraQes which is located adiacent to or outside of the primarv structure of the food service establish- ment and which is constructed so that the seatinQ area is not fullv enclosed bv floor-to-ceilinQ solid walls, or bv other means, such as a patio or deck area. "(B) The smokinq limitations applicable to outside seatinq areas of food service establishments under subsection (b)(1)(e)(2) above mav not be construed to include the parkinQ lot area of the food service establishment. if the parkinQ lot area is avail- able for combined drive-up orderinQ and consumption of food while a patron is seated in a private vehicle, nor mav any of the smokinq limitations contained in Sec. 23-74 be construed to include the interior of a person's private vehicle while located at the food service establishment. "(3) Establishments in which food service is incidental to the sale or service of alcoholic beveraqes, such as a bar, cocktaillounqe, niqhtclub, or tavern, are excluded from the prohibitions con- tained in this subsection, provided that the bar, lounQe, niQht- club, or tavern meets the definition of "Taverns, Lounqes, or Bars" in Sec. 3-1.64.1 of the ZoninQ Ordinance, as determined by a Code Enforcement Official. in accordance with the followinQ requirements: "(A) For classification purposes, the establishment's owner, operator, manaqer, or person in charqe, or holder of the establishment's alcoholic beveraqe permit issued bv the Texas Alcoholic Beveraqe Commission, must provide a Code Enforce- ment Official. upon request and within 10 calendar davs, with verified copies of either 1) the previous Quarterlv or the previous three month Iv sales tax reports and the Qross receipts tax reports for the same period. if the holder pavs the qross receipts tax or 2) the previous three months alcohol sales and sales tax information and other information or documents sufficient to determine the percentaqe of alcohol sales, if the holder does not pav the qross receipts tax. "(B) Failure of the owner, operator. manaqer, or person in charqe, or holder of the alcoholic beveraqe permit. to provide the documentation requested within 10 calendar davs is a violation of this Code and is prima facie evidence that the H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3F.doc establishment is a food service establishment subiect to the prohibitions of this section. "(C) Within 10 business davs of submission of the documen- tation, a Code Enforcement Official shall determine the class- ification of the establishment for purposes of this section. Anv establishment for which the owner. operator, manaaer, or person in charae, or holder of the alcoholic beveraae permit. has submitted documentation that fails to substantiate that month Iv sales of alcoholic beveraaes comprise more than 75 percent of the establishment's aross revenue will be deemed to be a food service establishment subiect to the prohibitions of this section. "(0) Nothina contained in this subsection restricts an establishment's owner, operator, manaQer, or person in charae, or holder of the establishment's alcoholic beveraae permit. from voluntarilv submittinQ the reauired documentation and reauestina a written determination of classification bv a Code Enforcement Official. * * * * * "(2) * * * * * "(4) Bowling lelnos. Billiard halls, binao halls, and bowlina allevs. Smoking restrictions in this section will not apply to billiard halls, binQo halls, and to that portion of bowling establishments which contain bowling lanes. * * * * * SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is 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 by publishing the caption stating in substance the purposes, intent, and effect of the ordinance. SECTION 4. This ordinance becomes effective February 1, 2005. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3F,doc That the foregoing or?!~ance was Dad for ~j;jirS~ t~me and passed to its second reading on this the --LX- day of 12(1 t7 f2JV , 2004, by the following vote: fLt/ /l;ry/ f0/ ~ Bill Kelly (J.lf -> (J.vf / O-vt---- ~J C0-~ Rex A. Kinnison Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the I f day O~f\u.~~ ' 2005, by the following vote: Samuel L. Neal, Jr. -fLvI J Rex A. Kinnison rlYt--- Brent Chesney 6vf ~ Melody Cooper ~ Javier D. COlmenero~ Jesse Noyola tlt--f J Henry Garrett f11rI.-. Mark Scott (}.Lk-f / Bill Kelly 0Jr- APPROVED AND PASSED on this II day of ~f1Ua~_, 2005. CITY OF CORPUS CHRISTI ATTEST: Arma~ City Secretary ~~h#~ ~1/ Samuel L. eal, Jr., Mayor ./ I <Ji\,y of LM ' " . ( ,2005. APPROVED AS TO FORM: EFFECTIVE DATE eX J I / :l[)oS . H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3F.doc ...Qr:f1U'l PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } ss: CITY OF CORPUS CHRISTI Ad # 5099397 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World i ~ Wide Web on the Caller-Times Interactive on the 17TH day(s) of JAN@R'tQ ,.. . :z: ('") N 0 &" r , "* i"I1 ::Jl: ('") -t o U1 :z: &" VI 2005. $76.75 bL"CVlO.- ?tj Uuo-;P.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of JANUARY 18. 2005. G?~ ~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . CALLEA-T1MES.J u 17 TICE 0 PAS OF OAOINANCE NO, 026094 Amending the COde of Ordinances, Section 23-74, Smoking Prohibitions, ~(b)(1~, by revising "the '1~;_MlinII ',. . . )~ .n . ett. .ctl.. .. :.~. . . one! ~ an .. , socond- by" City coone" of the City 01 CcqlUO ClIIIIII on _11,". III ,..".... a.- L CIty ......y CIty of CoI'pUO Cl\IlIlI ,