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HomeMy WebLinkAbout027286 ORD - 05/22/2007AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 23-76, SMOKING PROHIBITIONS, SUBSECTION (b), BY ENACTING NEW SUBPART (7) TO EXEMPT TOBACCO SPECIALTY STORES; PROVIDING FOR SEVERANCE; PROVIDING FOR A PENALTY; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT; SECTION 1. The Code of Ordinances, Section 23-76, Smoking Prohibitions, subsec- tion (b). is amended by enacting new subpart (7) to read as follows: "Sec. 23-76. Smoking prohibitions. •(a) ;(b) „(c) 7) Tobacco specialty stores. Smoking restrictions in this section will not apply to retail establishments that are used primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under provisions of this chapter." t 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, wordor provision hereof be given full force and effect for its purpose. SECTION 3. A violation of any provision of this ordinance or requirements implemented undier this ordinance constitutes an offense punishable as provided in this ordinance U!;-)rd2`;4 oc SECTION 4. This ordinance becomes effective June 1, 2007. SECTION 5. 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 EHord204 1c That the foregoing ordinance was read for the first time and --passed to its second reading on this the :Jay of , 2007, by the -following vote: Henry Garrett Prisoilta G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr Nelda Martinez Mike Humor tI Michael McCutchon till Kelly That the fpregoing ordinance was read for the second time and passed finally on this the 2„11ay of 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez _�— Michael McCutchon APPROVED AND PASSED on this ! ay of ATTEST Armando Chapa. City Secretary , 2007. EFFECTIVE DME Po*O1 Corpus Christi, Texas The fore �rm ordinance was read for the first time and passed to its second reading on this the i)ttl day of i [ , 2007, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott kV ub + Thelioreg,,o,ri�g ordinance �w�a++s ��ryead for the second time and passed finally on this the , :,,?day of l y , 2007, by the following vote: Henry Garrett Melody Cooper Mike Humme117 Bill Kelly - X PASSED AND APPROVED on the -'. day of ATTEST: CITY OF C , 2007. PUS CHRISTI i Armando Chapa He ry arrett City Secretary Mayor APP!OVED AS TO LEGAL FORM: May 7, 2007 tliz.."-th R. Hundley As ant City Attorney for the City Attorney EHord204 dc:c; r ,i rl '..'.. f r •• PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5748672 PO # Before me, the undersigned, a Notary Public, this day personalh can,,' C KI.' HURTADO, who being first duly sworn, according to lax says feat sh; LEGAL SALES REPRESENTITIVE of the Corps=s Christi Caber --Th'u's, dai newspaper published at Corpus Christi in said City irk Stat, gt iera_i circulated in Aransas, Bee, Brooks, Duval, dim Hogg , n m We 1s, arnr Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patrici, . 'ictori an, Wet, Counties, and that the publication of, NOTICE OF PASSAG.E OF a RDI \ANC: NO. which the annexed is a true copy, was inserted in the Corpus ( vist t: alle Times on the Friday, 28TH 2007day(s) of MAY 2007. 6112.57 On this day of is a true and an exact copy GWENN J. MED!NA COMMISSION EXPl9Es August 2, 2003 LEGAL SALES RE PRESENT I V 1 two (2) Time(s) e by me. I certify that the at t ached nen t Notary /Public, Nu Ices Comity . Texas • Monday . May 28 20 7 NONCE OF PA 00227288 AIiGi� MD, Amending the Code of Ordinances. Section 23-76, Smoking Prohibitions, subsection (b), by enacting new subpart (7) to exempt tobacco specialty stores; providing for a penalty; establishing an effective date; and providing for publication. This ordinance was palmed and approved by 'the City Council of the City of Corpus Christi on May 22, 2007. This ordinance takes ellect on June 1, 2007. /s/ Armando Chapa City SecreNtry City of Corpus Christi