HomeMy WebLinkAboutResolution - 2001-R0541 - Call May 4, 2002 Election Pertaining To Smoking In Public Places - 12/13/2001Resolution No. 2001-RO541
December 13, 2001
Item No. 52
RESOLUTION AND ORDER
FOR
SPECIAL CITY ELECTION
WHEREAS, a referring committee registered with the City Secretary on September 14,
2001, for the purpose of proposing passage of an ordinance to repeal Article IX, Chapter 12 of
the Code of Ordinances of the City of Lubbock and to re-enact said Article IX, Chapter 12 of the
Code of Ordinances of the City of Lubbock as it existed immediately prior to July 12, 2001, with
regard to regulation of smoking in public places; and
WHEREAS, said referring committee did thereafter within the time limit prescribed by
the Lubbock City Charter file with the City a petition supporting the proposed ordinance to
repeal of Article IX of Chapter 12 of the Code of Ordinances and re-enacting said Article IX of
Chapter 12 of the Code of Ordinances as it existed immediately prior to July 12, 2001; and
WHEREAS, sufficient signatures upon said petition were validated by the City Secretary
to bring such proposed ordinance before the City Council on December 3, 2001; and
WHEREAS, City Council of the City of Lubbock did heretofore on December 3, 2001,
failed to enact said proposed ordinance; and
WHEREAS, the referring committee has now requested that the City Council order an
election at which a proposition to adopt or reject the ordinance proposed to repeal Article IX,
Chapter 12, as it now exists and to re-enact said Article IX, Chapter 12, as it existed immediately
prior to July 12, 2001, shall be placed before the voters of the City of Lubbock in a special
election at the next available uniform election date, which is May 4, 2002; NOW THEREFORE:
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. THAT a Special City Election of the City of Lubbock is hereby ordered to
be conducted on May 4, 2002, under the applicable provisions of the Texas Election Code, the
Lubbock City Charter and City ordinances.
SECTION 2. THAT said election shall be for the purpose of voting for or against the
following proposition:
PROPOSITION
SHOULD THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BE
AMENDED BY ENACTING A PROPOSED ORDINANCE TO REPEAL ARTICLE
IX, CHAPTER 12, PERTAINING TO SMOKING IN PUBLIC PLACES AS IT
PRESENTLY EXISTS AND SUBSTANTIALLY RE-ENACTING ARTICLE IX,
CHAPTER 12, AS IT EXISTED IMMEDIATELY PRIOR TO JULY 12,2001;
INCLUDING PROVISIONS TO PROVIDE OWNERS OF PROPERTY OPEN TO THE
PUBLIC THE OPTION OF DESIGNATING A PORTION OF THEIR PROPERTY AS
A SMOKING AREA; REPEALING THE REQUIREMENT THAT OWNERS MAKE
STRUCTURAL OR PHYSICAL CHANGES IN THEIR PROPERTY; RE-ENACTING
THE REQUIREMENT THAT OWNERS POST SIGNS DESIGNATING AN AREA AS
A SMOKING AREA; PROHIBITING SMOKING IN ELEVATORS, SERVICE LINES;
CASHIER AREAS; OVER THE COUNTER SALES AREAS; RESTROOMS; AND IN
OTHER AREAS IN WHICH SMOKING IS PROHIBITED BY THE FIRE MARSHAL,
OTHER LAWS, ORDINANCES OR REGULATIONS; PROHIBITING POSSESSION
OF TOBACCO BY MINORS; AND REGULATING THE SALE OF TOBACCO BY
VENDING MACHINES.
FOR:
AGAINST:
SECTION 3. THAT an electronic voting system shall be used for this election, including
S peri
early voting. Said City ge�er-a� 'election shall be held at the places in the City of Lubbock
hereinafter designated as voting precincts and in the voting places designated in Exhibit A
hereto. Voting places shall be open from 7:00 a.m. to 7:00 p.m., and all electors shall vote in the
precinct of their residence unless such precinct shall be consolidated with another precinct as
indicated in Exhibit A. The sealed ballot box procedure established by Subchapter C, Chapter
127, Texas Election Code, shall be used for this election.
SECTION 4.THAT the persons name in Exhibit A hereto are hereby appointed Judges
and Alternate Judges to conduct said is
Election on May 4, 2002. In the event any
named person is unable to serve for any reason, the city secretary of the City of Lubbock is
hereby authorized and directed to make such substitutions as may be required and to amend
Exhibit A hereto as required. Each presiding judge so named is authorized to appoint the number
of clerks authorized by the city secretary of the City of Lubbock, which number shall not be less
than two (2) clerks nor more than six (6) clerks. The alternate judges shall serve as presiding
judges in the event that the regularly appointed presiding judge is unable to serve. The alternate
judges shall be appointed by the presiding judge to serve as one of the clerks in the event that the
regularly appointed presiding judge conducts the election.
SECTION 5. THAT early voting by personal appearance shall commence on the 17"' day
of April, 2002, and end on the 30`" day of April, 2002. Said early voting shall be conducted at the
locations, days and hours indicated on Exhibit B hereto.
SECTION 6. THAT the city secretar�of the �ity of Lubbock is hereby ordered to cause
publication of this Ori�a ordering the =ity election in a
newspaper of general circulation at least once no ea lier than the 30`x' day nor later than the 100'
day before election day. In addition, a copy of this " hall be posted not later than the
21't day before election day on the bulletin board used for posting notices of meetings of the P.
governing body and a notice of consolidation shall be posted not less than 20 days before
election day at any polling places not consolidated at the last previous election, which notice
shall indicate the precinct of consolidation and the location of the new polling place.
2
r esotltl on
SECTION 7. THAT the city secretary shall serve a duly certified copy of the Q;:di;;;4;RQe
upon each of the presiding judges named in Exhibit A not later than the seventh day after the
signing of this Ordinance or the 15`h day before election day, whichever is later.
SECTION 8. THAT a copy of the Statement for Proposed Ordinance and the attached
ordinance be attached hereto as Exhibit C and made a part hereof for all purposes.
Passed by the City Council this 13th day of December , 2001 .
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
City Attorney
ccdocs/SpecE10rd.res
December 5, 2001
WINDY SITTO MAYOR
3
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE TO CORRECTIONS MADE TO RESOLUTION NO. 2001-RO541
I hereby certify, in the performance of the functions of my office, that clerical errors
found in the resolution and order for the special city election, May 4, 2002 were
determined to be scrivener's errors and corrections to the document do not affect the
intent of the resolution and order. Corrections were made as advised by John Knight
and Don Vandiver from the City Attorney's office. Resolution No. 2001-RO541 (with
corrections) is an official record from the public office of the City Secretary of the City
of Lubbock, Lubbock County, State of Texas, and is kept in said office.
I further certify that I am the City Secretary of the City of Lubbock, that I have
legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office this 19th day of October, 2002.
(City Seal) cpd,-O- �
Rebecca Garza
City Secretary
City of Lubbock
Lubbock County, State of Texas
Resolution No. 2001—RO541
EXHIBIT A
POLLING LOCATIONS
ELECTION PRECINCT PRESIDING
JUDGES/ALTERNATE JUDGES
CITY OF LUBBOCK
MAY 4, 2002 SPECIAL ELECTION
POLLING PLACE
PRESIDING
ALTERNATE
AND PRECINCT NUMBER
JUDGE
JUDGE
Wolffarth Elementary School
Frances Autry
Ernestine Picon
3202 Erskine
1/114 (Consolidated)
Arnett Elementary School
Rita Veal
Ethel Fair
701 East Queens
2/79/80/86/87/88/89/90 (Consolidated)
McWhorter Elementary School
Mary Mendoza
Frances Martinez
2711 1st Street
3
Jackson Elementary School
Lilly Carrillo
Joe Carrillo
201 Vernon
4
Guadalupe Elementary School
Julia Carrillo
Louisa Hurtado
101 North Avenue P
5
Alderson Jr. High School
Maria Soto
Gilbert Soto
219 Walnut
6
Bowie Elementary School
Betty Luke
Linda Ayres
2902 Chicago
7
Ramirez Elementary School
Alicia Hernandez
Esperanza Solis
702 Avenue T
8
Rush Elementary School
Peggy Raub
Bea Zeeck
4702 15th Street
9/50/95/98 (Consolidated)
Lubbock High School
Barbara Cooper
Jimmie Settler
2004 19th Street
10/97 (Consolidated)
Bayless Elementary School
Winnie Moore
Mary Ann Hardy
2115 58th Street
11
Haynes Elementary School
Marjorie Morris
Lewis Hill
3802 60th Street
12
Exhibit A
Smylie Wilson Jr. High School
Carol Newsom
Betty J. Baker
4402 31st Street
13
Overton Elementary School
Annette Davenport
Marydell McCrummen
2902 Louisville
14
Roscoe Wilson Elementary School
Sandy Harper
Judy Wadsworth
2807 25th Street
15/49 (Consolidated)
J. T. Hutchinson Jr. High School
Rose Lee Morgan
Viola Seagraves
3102 Canton
16
Dupre Elementary School
Ruth Anne Horn Klein
Rita Pettigrew
2008 Avenue T
17
O. L. Slaton Jr. High School
Ruth Burchett
Jackie Payne
1602 32nd Street
18
Bean Elementary School
Natalia Campos
Pat Mata
3001 Avenue N
19/82/83 (Consolidated)
Ella Iles Elementary School
Nellie Ruth Priestly
Marjorie Thomas
2401 Date
20/84 (Consolidated)
Stubbs Elementary School
Donna Wade
Juanell Tyler
3516 Toledo
21
Maedgen Elementary School
Tom Beck
Deanne Clark
4401 Nashville
22
Lubbockview Christian Church
Gerald Harris
Elsie Roberts
3301 341h Street
23
Wheelock Elementary School
Betty Bradford
John Bradford
3008 42nd Street
24
Brown Elementary School
Diana Chapa
Elaine Atkinson
2315 36th Street
25
Harwell Elementary School
Irene Silvas
Kathy Lambert
4101 Avenue D
26/91 (Consolidated)
Wester Elementary School
Pat Sanders
Joy Wright
Exhibit A
4602 Chicago
27
Parsons Elementary School
2811 58th Street
28
Atkins Jr. High School
5401 Avenue U
29
Stewart Elementary School
4815 46th Street
30
Posey Elementary School
1301 Redbud
40/85 (Consolidated)
Mackenzie Jr. High School
5402 12th Street
47
Murfee Elementary School
6901 Nashville Drive
48
All Saints Episcopal School
3222 103rd Street
52/67/94/107 (Consolidated)
Lubbock Christian University
5601 19th Street
53
Honey Elementary School
3615 86th Street
54/109 (Consolidated)
Preston Smith Elementary School
8707 Dover
55/78 (Consolidated)
Broadview Baptist Church
1402 North Frankford
58/63/93/113 (Consolidated)
Frenship Crestview Elementary School
6020 81st Street
57/73/96 (Consolidated)
Hardwick Elementary School
1420 Chicago
59
Janie Lopez
Albert
Alma Myers
Joyce Blackburn
Betty Mae Edwards
Estella Barron
Jesse Rangel
Carlota Ramos
Earnestine Frazier
Mary Rice
Viola Charlene Jones
Mary Ann Bridges
Alice Hancock
Tatkenhorst
JoAnn Tatkenhorst
Geneva Botkin
Shirley Parramore
Joyclyn O'Steen
Juanita Heimerman
Gwen Cason
Martha Miller
Thelma Badillo
Dr. Robert Yost
Betty Snodgrass
Virginia Melvin
Exhibit A
Evans Jr. High School
Jack Harkins
Betty Harkins
4211 58th Street
60
Williams Elementary School
A. C. Bowden
Josephine Bowden
4812 58th Street
61
Whiteside Elementary School
Winston Norris Rumsey
Marjorie Reynolds
7508 Albany
62
Lakeridge United Methodist Family
Renee Swack
Dr. James T. Watt
Ministry Center
4601 83rd Street
66/110 (Consolidated)
Frenship North Ridge Elementary
Frankie Minyard
Donna Stratton
School
6302 11th Place
72
Frenship Crestview Elementary School
Bill Oglesby
B. J. Oglesby
6020 81st Street
73
Godeke Library
Jane Cansino
Mary Graham
6601 Quaker Avenue
74
Melonie Park South Club House
Mary Belle Sandner
Karlene Jensen
3426 74th Street
75
Reese Center
Lloyd Edwards
Nancy Edwards
9421 4th Street (at War Avenue)
76/92 (Consolidated)
DAV (Disabled American Veterans)
Susan Gilliam
To be Filled
Chapter 44
7444 83rd Street
104/111/112 (Consolidated)
Resolution No. 2001-RO541
EXHIBIT B
EARLY VOTING LOCATIONS
MAY 4, 2002 SPECIAL CITY ELECTION
City Secretary's Office (1625 13th Street)
Becky Urton, Temporary Deputy Early Voting Clerk
April 17, 2002 - April 20, 2002 Wed -Fri 8:00 A.M. - 5:00 P.M.
April 22, 2002 - April 26, 2002 Mon -Fri 8:00 A.M. - 5:00 P.M.
April 29, 2002 - April 30, 2002 Mon -Tues 8:00 A.M. - 5:00 P.M.
Lubbock Independent School District (1628 19th
Street)
Linda Givens, Temporary Deputy Early Voting Clerk
April 17, 2002 - April 20, 2002
Wed -Fri
8:00 A.M. - 5:00 P.M.
April 22, 2002 - April 26, 2002
Mon -Fri
8:00 A.M. -
5:00 P.M.
April 29, 2002 -April 30, 2002
Mon -Tues
8:00 A.M. -
5:00 P.M.
South Plains Mall (6002 Slide Road)
Betty Harkins and Joyclyn O'Steen, Temporary Deputy Early Voting Clerks
April 17, 2002 - April 20, 2002
Wed -Sat
10:00 A.M.
- 7:00 P.M.
April 22, 2002 - April 26, 2002
Mon -Fri
10:00 A.M.
- 7:00 P.M.
April 27, 2002
Sat
8:00 A.M. -
8:00 P.M.
April 28, 2002
Sun
1:00 P.M. -
6:00 P.M.
April 29, 2002 - April 30, 2002
Mon -Tues
8:00 A.M. -
8:00 P.M.
Albertson's Food and Drug (3249 50th Street)
Jo Taylor and Geneva Botkin, Temporary Deputy Early Voting Clerks
April 17, 2002 - April 20, 2002
Wed -Sat
10:00 A.M.
- 7:00 P.M.
April 22, 2002 - April 27, 2002
Mon -Sat
10:00 A.M.
- 7:00 P.M.
April 28, 2002
Sun
1:00 P.M. -
6:00 P.M.
April 29, 2002 - April 30, 2002
Mon -Tues
10:00 A.M.
- 8:00 P.M.
United Supermarket #501 (2630 Parkway Drive)
Lilly Carillo and Al Gomez, Temporary Deputy Early
Voting Clerks
April 17, 2002 - April 20, 2002
Wed -Sat
10:00 A.M.
- 7:00 P.M.
April 22, 2002 - April 27, 2002
Mon -Sat
10:00 A.M.
- 7:00 P.M.
April 28, 2002
Sun
1:00 P.M. -
6:00 P.M.
April 29, 2002 - April 30, 2002
Mon -Tues
10:00 A.M.
- 8:00 P.M.
United Supermarket #503 (112 North University)
Frances Martinez and Jesse Martinez, Temporary
Deputy Early Voting
Clerks
April 17, 2002 - April 20, 2002
Wed -Sat
10:00 A.M.
- 7:00 P.M.
April 22, 2002 - April 27, 2002
Mon -Sat
10:00 A.M.
- 7:00 P.M.
April 28, 2002
Sun
1:00 P.M. -
6:00 P.M.
April 29, 2002 - April 30, 2002
Mon -Tues
10:00 A.M.
- 8:00 P.M.
Exhibit B
Page 2
United Supermarket #505 (401 Slide Road)
Carol Newsom and Joy Wright, Temporary Deputy Early Voting Clerks
April 17, 2002 — April 20, 2002 Wed -Sat
April 22, 2002 — April 27, 2002 Mon -Sat
April 28, 2002 Sun
April 29, 2002 — April 30, 2002 Mon -Tues
10:00 A.M.
— 7:00 P.M.
10:00 A.M.
— 7:00 P.M.
1:00 P.M. —
6:00 P.M.
10:00 A.M.
— 8:00 P.M.
United Supermarket #506 (1701 50t' Street)
Mary Ann Bridges and Mary Gutierrez. Temporary Deputy Early Voting Clerks
April 17, 2002 — April 20, 2002 Wed -Sat 10:00 A.M. — 7:00 P.M.
April 22, 2002 — April 27, 2002 Mon -Sat 10:00 A.M. — 7:00 P.M.
April 28, 2002 Sun 1:00 P.M. — 6:00 P.M.
April 29, 2002 — April 30, 2002 Mon -Tues 10:00 A.M. — 8:00 P.M.
Resolution No. 2001- RECEIVED
' EXHIBIT C R0541
SEP 14 2001
lv:oo ct,
CITY SECRETARY
STATEMENT FOR PROPOSED ORDINANCE OF THE CITY OF UB K, TEXAS
TEXAS AMENDING CHAPTER 12 OF THE CODE OF THE ORDINANCES OF
THE CITY OF LUBBOCK WITH REGARD TO PUBLIC HEALTH BY
AMEDING TITLE IX.
On July 12, 2001 the Lubbock City Council passed Ordinance No. 2001-00060
which amends Chapter 12 of the Code of Ordinances of the City of Lubbock with regard
to public health by amending Article IX pertaining to smoking in public places;
regulating smoking in work places; regulating tobacco sales or samples to minors;
providing a savings clause and providing for publication.
The undersigned being qualified voters of the City of Lubbock state that the
attached ordinance replace Ordinance No. 2001-00060 and make this Statement for the
purpose of complying with Chapterl, Article IV, Section 1, Initiative and Referendum, of
Lubbock City Code. The undersigned shall serve as the "Referring Committee" according
to Chapter 1, Article IV, Section 1, Initiative and Referendum of the Lubbock City Code.
Signed this September 12, 2001 by the following qualified voters of Lubbock, Texas:
Print Name-- �—'`� Signature:
Address: X13
Print Name:Bi-Oj Signature:
Address:
Print Na e: IL IC(� (-�. �G�N Signature:
Address: �I��"�5�, jr/'3
Print Name: �Ja x., k e^ 6w„, Signatu
Address: 25-63 A A4,. Ay*- ?--I `f Z3
Print Name: Z19-14-/ LY ZOO
Address: 4�`C ,
PR1n► gov-- : J'TrvE (2 C,17, .
3 #'.0 TOCc Le Q-7 ,
pp
��'ItJT j1AKC : SArR
1DE15P -A0
GZGb
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING CHAPTER
12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH
REGARD TO PUBLIC HEALTH BY AMENDING ARTICLE IX; PERTAINING
TO SMOKING IN PUBLIC PLACES; REGULATING TOBACCO SALES OR
SAMPLES TO MINORS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, citizens of the City of Lubbock have, by execution of a petition to the City
Council of the City of Lubbock, shown the value they place upon the rights of business and
property owners within the City to be free from unreasonable government intrusion; and
WHEREAS, those same citizens, by execution of their petition, have further shown the
value they place upon the rights of adult individuals to make choices and to be responsible for their
actions; and
WHEREAS, the signatories of the petition have shown that they believe that the regulations
pertaining to smoking in public places passed by the City Council and effective on July 22, 2001,
constitute an unreasonable violation of the rights of individuals and of property owners; and
WHEREAS, the citizens have proposed that the ordinances of the City of Lubbock as they
existed prior to July 22, 2001 be re-enacted; and
WHEREAS, the Citizens of the City of Lubbock have voted for such re-enactment at an
election called for that purpose; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF `LUBBOCK:
SECTION 1. THAT Article IX of Chapter 12 of the Code of Ordinances of the City of Lubbock
Texas, BE and is hereby amended to read as follows:
ARTICLE IX. SMOKING IN PUBLIC PLACES;
REGULATION OF TOBACCO PRODUCTS
DIVISION 1. IN GENERAL
For the purpose of this article, the following definitions shall apply:
(1) Common traffic area means an area within a building primarily used for the unobstructed
passage of pedestrian traffic through the building.
(2) Enclosed means closed in by a roof and four (4) walls with appropriate openings for ingress
and egress.
Vote For Freedom Coalition Proposed Ordinance Page 1
(3) Public meeting means a meeting open to the public and held in an enclosed area of a public
place.
(4) Public place means an enclosed, indoor area that is used by the general public, and includes
but is not limited to:
a. All or any part of a building used for local government purposes;
b. A retail store, office, or other commercial establishment;
c. A grocery store;
d. A restaurant, cafeteria, delicatessen, commissary, or mobile food unit;
e. A public primary or secondary school;
f. A public institution of higher education;
g. A restroom;
h. A theater, movie house, auditorium, or arena;
i. An elevator,
j. A library or a museum;
k. A health care facility;
1. A child care nursery;
m. A court room, or a jury waiting or deliberation room;
n. A recreational facility;
o. A service line, cashier area, over-the-counter sales area, or common
traffic area.
(5) Smoke, smokes, or smoking includes:
a. Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted
smoking equipment or device; or
b. The combustion of any cigar, cigarette, tobacco, or any similar article or any other
combustible substance in any manner or in any form; or
c. Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
Vote For Freedom Coalition Proposed ordinance Page 2
(6) Employee means any person who is employed by an employer in consideration for monetary
compensation or profit.
(7) Employer means any person, partnership, corporation, association, or other entity that
employs one or more persons.
(8) Place of employment means an enclosed, indoor area under the control of an employer not
used by the general public to which employees have access during the course of employment,
including but not limited to work areas, employee lounges, employee restrooms, conference rooms,
and employee cafeterias. The term does not include a private residence.
(9) Single -pack means any cigarette, cigar, tobacco or smokeless tobacco product sold in less
than carton or equivalent units.
Sec. 12-246. Offense; penalty.
(a) A person commits an offense if at a public meeting or in a public place at an area not
designated as a smoking area the person smokes and fails or refuses to extinguish smoking
materials or move to a designated smoking area upon a request by any person to do so.
(b) The proprietor or person in charge of a business or other public place commits an offense if:
(1) The proprietor or person in charge allows smoking but fails to comply with the
requirements of this article as to designation of a smoking area, including the posting of
signs; or
(2) The proprietor or person in charge fails or refuses upon the request of any person to
ask a person smoking while not in a designated smoking area to extinguish smoking
materials or move to a designated smoking area.
(c) This article does not require the owner, operator, manager, or any employee of an
establishment to report a violation of this article or to take legal action against any individual
violating this article.
(d) The responsibility for administering and enforcing this article shall be that of the Lubbock
Environmental Inspection Services Department. A registered sanitarian or any affected person may
file a complaint in municipal court for a violation of this article.
(e) Any person, firm or individual who shall violate any of the provisions of this article shall be
guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding Two Thousand
Dollars ($2,000.00). Each and every day the violation continues shall constitute a separate and
distinct offense.
Vote For Freedom Coalition Proposed Ordinance Page 33
DIVISION 2. SMOKING IN PUBLIC PLACES
Sec. 12-247. Designation of smoking areas.
a) A proprietor or person in charge of a public place who desires to permit smoking in the public
place, shall designate areas as smoking areas in proportion to the number of persons normally
requesting a smoking area. The proprietor or person in charge of the public place shall verify, upon
request of the city health department, the number of persons normally requesting a smoking area.
(b) The proprietor or person in charge is not required to make structural or physical
modifications to accommodate the smoking area, but existing physical barriers and ventilation
systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas.
(c) The proprietor or person in charge shall provide ash trays or other suitable containers for
extinguishing smoking materials at the perimeter of the smoking area.
(d) The proprietor or person in charge is encouraged to locate the designated smoking area so
that air from the smoking area is not drawn into or across the nonsmoking area.
(e) The proprietor or person in charge shall separate the designated smoking area, where feasible,
from a nonsmoking area by a wall or by a minimum of four (4) feet of contiguous floor space.
(f) The proprietor or person in charge shall provide a sign in those areas of the building where
smoking is allowed.
(g) The proprietor or person in charge is encouraged to attempt to locate the designated smoking
area so that nonsmokers shall not have to travel through the smoking area to get to the cashier or a
restroom.
(h) A smoking area may not be designated in:
(1) An elevator; or
(2) A service line, cashier area, over-the-counter sales area; or
(3) A restroom; or
(4) A place in which smoking is prohibited by the fire marshal or by any other law,
ordinance, or regulation.
(i) In the event a public place has common areas not the responsibility of individual tenants, the
building owner or his representative shall be responsible for application of this article to such
common areas.
Vote For Freedom Coalition Proposed Ordinance Page 4
Sec. 12-248. Signs.
(a) A proprietor or person in charge of a public place shall place signs visible at each public
entrance to the premises to notify persons entering the premises that the premises is a "SMOKE
FREE ENVIRONMENT" or a "SMOKING ENVIRONMENT." A proprietor or person is charge of
a public place who desires to allow smoking in designated areas may designate the premises as a
smoke free environment if separate rooms and ventilation systems are provided for any designated
smoking areas.
(b) A proprietor or person in. charge of a public place who permits smoking in designated areas
shall conspicuously post signs in each area designated as a smoking area stating that smoking is
permitted in the area.
Sec. 12-249. Exceptions.
Nothing herein shall preclude the designation of the following premises as nonsmoking areas, but
the restrictions contained herein shall not apply:
(1) To those portions of a facility in which private functions are being held and are under the
control of the sponsor of the function and not the owner or operator of the facility; or
(2) To an individual participating in an authorized theatrical performance; or
(3) To an establishment with less than six hundred (600) square feet of customer service area; or
(4) To a bar or cocktail lounge as defined by the zoning ordinance of the city in section 29-3(12)
of the Code of Ordinances, or any separate portion of a public place which is used primarily for
sale and consumption of alcoholic beverages; or
(5) To a retail store that primarily provides tobacco products; or
(6) A common traffic area of one hundred thousand (100,000) square feet or more.
Sec. 12-250. Smoking in the workplace.
All employers who operate a place of employment are encouraged to develop, implement and
maintain a written policy that accommodates the wishes of employees by designating smoking and
nonsmoking areas under the same requirements as public areas.
Sec. 12-251. Smoking in taxicabs, limousines and touring vehicles.
The holder of any permit to operate a taxicab, limousine or touring vehicle within the city may, but
is not required to, designate one or more of the taxicabs, limousines or touring vehicles operated
pursuant to said permit or permits as vehicles in which smoking is permitted. Each such vehicle
shall be designated as a vehicle in which smoking is permitted or a vehicle in which smoking is not
Vote For Freedom Coalition Proposed Ordinance Page 55
permitted. Notices designating the vehicle shall be clearly visible to persons entering the vehicle or
to persons in the vehicle.
DIVISION 3 REGULATING SALES AND SAMPLES TO MINORS
Sec. 12-252. Possession of tobacco by minor.
(a) A person who is younger than eighteen (18) years of age commits an offense if the person
possesses, purchases or accepts receipt of a cigarette or other tobacco product.
(b) This section shall not prohibit a person younger than eighteen (18) years of age from
possessing a cigarette or other tobacco product while in the presence of a parent or legal guardian.
Sec. 12-253. Self-service merchandising.
It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for
sale or display for sale any single -pack tobacco product be means of self-service merchandising in
such a manner that an employee does not have a clear view of the tobacco product from the
employee's usual place of work.
Sec. 12-254. Free samples.
Distribution of free samples of tobacco products to minors is prohibited in any public place.
Sec. 12-255. Other Applicable Laws.
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted
by other applicable laws.
SECTION 2. If any section, sub -section, clause, phrase or portion of this ordinance shall be held
unconstitutional or invalid by a court of competent jurisdiction, such section, sub -section, sentence,
clause, phrase or portion shall be deemed to be a separate, distinct and independent provision and
such invalidity shall not affect the validity of the remaining portions.
SECTION 3. All prior ordinances of the City Council of the City of Lubbock in conflict with this
ordinance are hereby repealed.
SECTION 4. The City Secretary is authorized and directed to cause publication of the descriptive
caption of this ordinance as an alternative method of publication provided by law.
SECTION 5. This ordinance shall take effect upon completion of publication as provided by law
Vote For Freedom Coalition Proposed Ordinance Page 6
Passed and approved on this the day of 2001
Windy Sitton, Mayor
ATTEST:
Rebecca Garza, City Secretary
Vote For Freedom Coalition Proposed Ordinance Page 7