HomeMy WebLinkAbout93-297998
SMOKING
ORDINANCE NO.93-2979
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS PROVIDING FOR THE ADDITION OF
SECTION 11-42 TO CHAPTER 11, FOOD AND FOOD HANDLERS WHICH PROHIBITS SMOKING,
AS THAT TERM IS DEFINED HEREIN, IN FOOD SERVICE ESTABLISHMENTS, AS DEl:NED
HEREIN; PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE;
WHEREAS, the Surgeon General of the United States of America has declared that smoking is the number
one public health issue at the present time; and
WHEREAS, the City of Plainview recognizes the increasing evidence that tobacco smoke creates a danger
to the health of its citizens and is a cause of annoyance, discomfort and inconvenience to those who are in
enclosed spaces where tobacco smoke is present; and
WHEREAS, in order to protect the health and welfare of citizens, it ~s necessary to prohibit smoking in
restaurants;
Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVlEW:
SECTION 1. That Chapter 11, Food and Food Handlers, of the Plainview City Code is hereby amended
by adding thereto regulations prohibiting smoking in food service establishments. Such regulations shall appear
and require as follows:
Sec. 11-'42. Smoking in Food Service Establishments.
Definitions: When used in this ordinance, the following terms shall mean:
(1) Person in Control: the owner, lessee, operator or manager of a food service establishment.
(2) Food Service Establishment: any place where food is prepared and intended for individual portion
service, and includes the site at which individual portions are provided. The term includes any such
place regardless of whether consumption is on or off the premises and regardless of whether or not
there is a charge for the food. The term also includes delicatessen-type operations that prepare
sandwiches intended for individual portion service. The term does not include private homes where food
is prepared or served for individual family consumption, retail food store, the location of food vending
machines, and supply vehicles.
(3) Smoke and Smoking: synonymous terms which include the carrying or holding of a lighted pipe,
cigar or cigarette of any kind or any other ignited equipment or device used for the burning of tobacco,
and the igniting of, emitting or exhaling the smoke from, a p~pe, cigar or cigarette of any kind.
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(4) Private club: an establishment providing alcohoiic beverage service, often but not necessarily in
association with social and dining facilities, to an association of persons, and otherwise falling within the
definition of and permitted under the provisions of that portion of Title 3, Chapter 32, Texas Alcholic
Beverage Code, as amended, and as it pertains to the operation of private clubs.
B. A person commits an offense if he or she:
(1) Knowingly or intentionally smokes in a food service establishment.
It is not a defense to prosecution that a person subconsciously, or out of habit, lights a smoking device.
C. The person in control of a food service establishment shall provide facilities for extinguishing of smoking
materials.
D. The person ~n control of a food service establishment shall place a clearly visible sign at each entrance to
the premises stating that smoking is not permitted.
E. The following types of establishments and/or locations are not subject to the requirements of this ordinance:
(1) an establishment in which more than forty percent (40%) of its annual gross sales is from alcoholic
beverages sold for on-premises consumption, and
(2) a separate private club area of a food service establishment.
F. The person in control of any food service establishment commits an offense and it is a defense to
prosecution:
(1) if he or she fails to have displayed a clearly visible notice that smoking is prohibited by in said food
service establishment, or
(2) if he or she fails to have said restaurant equipped with facilities for extinguishment of smoking
materials.
G. Enforcement or this ordinance shall be accomplished by a com plaining witness filing a complaint in Municipal
Court against any person accused of violating this ordinance. The complainant must be able to identify the
violator and must be willing to testify in court.
H. Violation of any of the requirements of this ordinance shall constitute an offense punishable by a fine not to
exceed $2,000.00. Each day that an offense exists shall constitute a separate violation.
SECTION 2. The provisions of this ordinance are intended to be severable. Should any phrase,
clause, sentence, subsection or section hereof be found to be unconstitutional or invalid for any reason, such
portion shall be severed without effect on the remainder of this ordinance.
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SECTION 3. Provision of this ordinance are cumulative and nothing herein shall prevent, alter or
diminish the applicability or enforcement of other Ordinances restricting, regulating or governing the subject
matter.
SECTION 4. All ordinances or portions of any ordinance of the City of Plainview, Texas, in conflict
herewith, are hereby amended to conform with the provisions hereof.
This ordinance shall become and be effective on January 1, 1994.
PASSED AND APPROVED by the City Council of the City of Plainview, Texas, on this the 9th day of
November, 1993.
E.V. Ridlehuber, Mayor
ATTEST:
K~,ren McBeth
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
W~I~ J-la~(Jh,'Oity Attorney
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