The following words and phrases, whenever used in this article, shall be construed as defined in this section:
Arena or sports arena
means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, ball fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
Bar
means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets. For the purpose of this article, it shall be presumed that an establishment is a bar if alcohol sales are in excess of fifty (50) percent of the gross receipts of the establishment and the establishment has a valid on-premises consumption license issued by the state alcoholic beverage commission.
Business
means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
Electronic cigarette
means or refers to an electronic device, including a device that may be recharged and the components of the device, that converts liquid nicotine into a gas or vapor intended to be inhaled or otherwise orally used by a person and is generally described as a device composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that produce gas or vapor derived from liquid nicotine and other substances which has the effect of simulating smoking. The term includes such devices, regardless of the details of the appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. Electronic cigarettes are also variously known as “e-cigarettes,” “e-cigs,” “electronic vapors,” “e-vapors,” “vaping,” and other similar names.
Employee
means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who volunteers his or her services.
Employer
means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one (1) or more individual persons.
Enclosed area
means all space between a floor and a ceiling that is bounded on at least two (2) sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent, whether open or closed, and whether or not containing openings of any kind.
Health care facility
means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health care facilities.
Liquid nicotine
means any liquid product composed of nicotine, either in whole or in part, propylene glycol, or similar substances and manufactured for use in an e-cigarette.
Place of employment
means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.
Playground
means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city grounds.
Private club
means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section 501.
Public place
means an area to which the public is invited or in which the public is permitted, including but not limited to: banks, grocery stores, restaurants, retail stores, theaters, bowling alleys, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, waiting rooms, shopping malls and sports arenas. For the purposes of this article, a bar, as defined herein, is not considered a “public place.” A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.
Restaurant
means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.
Semi-enclosed area
means an enclosed area in which at least one (1) wall is a retractable divider, garage door, or other physical barrier, whether temporary or permanent, and in which the retractable divider, garage door, or other physical barrier is open to the outside air thus allowing ventilation into the area. The term does not include an enclosed area with open windows.
Service line
means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
Shopping mall
means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking
means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or form.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-46; Ordinance 2020-029, sec. 2, adopted 7/27/20; Ordinance 2022-041 adopted 6/27/22)
Smoking and the use of electronic cigarettes with or without liquid nicotine are prohibited inside all city buildings and facilities, and in all areas located within thirty (30) feet of any entrance to the building or facility, operable windows, air intake ducts or ventilation systems.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-51; Ordinance 2022-041 adopted 6/27/22)
Smoking and the use of electronic cigarettes with or without liquid nicotine shall be prohibited in all enclosed public places within the city, including but not limited to the following places:
(1) 
Aquariums, galleries, libraries, and museums.
(2) 
Areas available to the general public in businesses and nonprofit entities patronized by the public, including but not limited to banks, laundromats, professional offices, and retail service establishments.
(3) 
Bingo facilities.
(4) 
Bowling alleys.
(5) 
Child care and adult day care facilities.
(6) 
Convention facilities.
(7) 
Educational facilities, both public and private.
(8) 
Elevators.
(9) 
Gaming facilities.
(10) 
Health care facilities.
(11) 
Hotels and motels.
(12) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(13) 
Polling places.
(14) 
Public transportation vehicles, including buses and taxicabs, under the authority of the city, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
(15) 
Restaurants.
(16) 
Restrooms, lobbies, reception areas, hallways, and other common-use areas.
(17) 
Retail stores.
(18) 
Rooms, chambers, and places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the city.
(19) 
Service lines.
(20) 
Shopping malls.
(21) 
Sports arenas, including enclosed places in outdoor arenas.
(22) 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-52; Ordinance 2022-041 adopted 6/27/22)
(a) 
Except as otherwise provided herein, smoking shall be prohibited in all enclosed areas or places of employment. This includes, but is not limited to: common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. If the openings in an unenclosed area are covered or closed, such that the area at the time meets the definition of being enclosed, then smoking must be prohibited in the area while the openings are covered or closed.
(b) 
This prohibition on smoking shall be communicated by employers to all existing employees within five (5) days of the effective date of the ordinance from which this article is derived and to all prospective employees upon their application for employment.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-53; Ordinance 2020-029, sec. 3, adopted 7/27/20)
(a) 
This section applies only to semi-enclosed areas in places of employment as defined herein.
(b) 
An owner of a business may seek a variance from the prohibition set forth in section 7.03.004 for semi-enclosed areas on its premises. To seek such a variance, the owner shall submit an application to the department of planning and community development. Said application must contain the following information:
(1) 
The name, address, telephone number, contact person, and ownership information for the business.
(2) 
The square footage of the semi-enclosed area for which the variance is sought.
(3) 
The general nature of the business and the activities to be conducted in the semi-enclosed area.
(4) 
The approximate square footage of the semi-enclosed area or areas for which the variance is sought.
(5) 
The approximate square footage of the proposed open area or areas in relation to the enclosed portion of the area or areas.
(6) 
The number of employees to be working in the semi-enclosed area or areas for which the variance is sought. The application shall state the number of employees in each separate semi-enclosed area separately.
(7) 
Whether members of the public generally have access to the semi-enclosed area.
(8) 
The number of retractable dividers, garage doors, or other moveable physical barriers in the semi-enclosed area which when open allow ventilation of outside air.
(9) 
Photographs of the semi-enclosed area with the barriers open and with the barriers closed.
(10) 
A petition requesting the variance signed by the majority of the number of employees disclosed under subsection (b)(6) for each semi-enclosed area for which a variance is sought.
(11) 
The application must be signed by the plant or business manager and the human resources director of business. If the manager and the human resources director are the same person, that shall be noted on the application.
The city may reject an application for incompleteness. The city council will not consider an incomplete application.
(c) 
A variance under this section may be granted by the city council at its discretion after a public hearing on the application for which notice has been published in the city’s newspaper of record and at which testimony both for and against the variance will be taken. The city council may consider the following factors among others in determining whether to grant a variance:
(1) 
The number of employees potentially affected by the variance.
(2) 
The number of retractable walls or barriers which will be left open during times at which smoking will be allowed.
(3) 
The ratio of wall area to be open to the air to the walls that will remain enclosing the space.
(4) 
Whether members of the public generally have access to the semi-enclosed area.
(5) 
Testimony for and against the variance.
(6) 
The approximate square footage of the semi-enclosed area the subject of the proposed variance.
(7) 
Any matters contained in the application.
(d) 
Prior to the public hearing on the proposed variance, the applicant shall post the following notice in a conspicuous place in the semi-enclosed area the subject of said variance:
ATTENTION: [Name of business] has filed an application with the City Council of the City of Paris, Texas for a variance of the prohibition against smoking and the use of electronic cigarettes for the following semi-enclosed area: [Describe semi-enclosed area]. The City Council will hold a public hearing on the proposed variance at 5:30 p.m. on Monday, [date] in the City Council Chambers at 107 E. Kaufman St. at which you may speak for or against the variance. If granted, the variance will allow smoking and the use of electronic cigarettes in the specified semi-enclosed area.
Said notice shall be in a typeface and type size that are easily readable and shall be posted so as to give reasonable notice to employees of the public hearing.
(e) 
A variance granted under this section shall be effective for a period of three (3) years and after it is granted by the city council, and the business may apply for renewal variances of three (3) years thereafter.
(f) 
Upon denial of a variance under this section, a business may not reapply for a variance for a period of one (1) year from the date of denial.
(g) 
It shall be unlawful to smoke or use an electronic cigarette, or to allow smoking or the use of an e-cigarette in a semi-enclosed area in the absence of a variance granted under this section, or to smoke or use an electronic cigarette, or to allow smoking or the use of an e-cigarette in a semi-enclosed area in which at least one wall is open to the outside air.
(h) 
The decision of the city council on an application for variance under this section is final and is not appealable.
(Ordinance 2022-041 adopted 6/27/22)
Smoking and the use of electronic cigarettes with or without liquid nicotine shall be prohibited in the following outdoor places:
(1) 
In or upon all city parks, playgrounds, trails, ball fields, swimming pools, tennis courts, basketball courts, sports complexes or other city-owned or city-controlled outdoor recreation centers.
(2) 
Within thirty (30) feet of outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
(3) 
In or within twenty-five (25) feet of any entrance, doorway, operable window, air duct or ventilation system to any city building or facility.
(4) 
In outdoor seating or serving areas of restaurants and within thirty (30) feet of those areas.
(5) 
In all outdoor arenas, stadiums, sports fields and amphitheaters. Smoking shall also be prohibited in and within twenty-five (25) feet of bleachers, grandstands, restroom facilities and concession stands serving these facilities.
(6) 
On all outdoor playgrounds and within thirty (30) feet of any outdoor playground.
(7) 
In, and within thirty (30) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the city.
(8) 
In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, automatic teller machines, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within thirty (30) feet of the point of service.
(9) 
In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed twenty-five (25) percent of the total outdoor common area, which must be located at least thirty (30) feet from outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-56; Ordinance 2022-041 adopted 6/27/22)
(a) 
Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:
(1) 
A tobacco retail shop which is primarily engaged in the sale of tobacco, tobacco products, or smoking accessories, provided that establishment does not allow or employ persons under the age of eighteen (18) years within the establishment;
(2) 
A bar, nightclub, or sexually oriented business that:
(A) 
Does not allow or employ persons under the age of eighteen (18) years within the establishment; and
(B) 
Does not open into a food establishment, hotel, motel, or any other establishment in which smoking is prohibited under this article;
(3) 
Private residences, except when used as a child care, adult day care, group home, or health care facility;
(4) 
A private club as defined in this article.
(b) 
Smoke from the places listed in this section is prohibited from infiltrating into areas where smoking is prohibited under the provisions of this article. It shall be an offense under this article for a person to allow such infiltration to occur.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-57)
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 7.03.009 is posted.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-58)
The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this article shall:
(1) 
Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
(2) 
Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. The following wording may be used:
NO SMOKING, CITY ORDINANCE, ARTICLE 3, CHAPTER 17. VIOLATORS FINED UP TO $2,000.00.
(3) 
Clearly and conspicuously post on every vehicle that constitutes a place of employment under this article at least one (1) sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
(4) 
Remove all ashtrays from any area where smoking is prohibited by this article, except for ashtrays displayed for sale and not for use on the premises.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-59)
(a) 
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article.
(b) 
An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-60)
(a) 
This article shall be enforced by the city police department or any authorized designee of the city.
(b) 
Notice of the provisions of this article shall be given to all applicants for a business license in the city.
(c) 
Any citizen who desires to register a complaint under this article may contact the city police department.
(d) 
The building official, fire department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article.
(e) 
An owner, manager, operator, or employee of an area regulated by this article shall direct a person who is smoking in violation of this article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
(f) 
In addition to the remedies provided by the provisions of this article, the city manager or his authorized designee, or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article, may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-70)
(a) 
A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of no less than fifty dollars ($50.00) and no more than two thousand dollars ($2,000.00) per violation.
(b) 
Except as otherwise provided in section 7.03.011, a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of no less than fifty dollars ($50.00) and no more than two thousand dollars ($2,000.00) per violation.
(c) 
In addition to the fines established by this section, any person who owns, manages, operates, or otherwise controls a public place or place of employment and who continues to violate this article following notice or citation from the city may have their permit to operate or their certificate of occupancy suspended or revoked by the city.
(d) 
Violation of this article is hereby declared to be a public nuisance, which may be abated by the city manager or his authorized designee by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
(e) 
Each day on which a violation of this article occurs shall be considered a separate and distinct violation.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-71)
Within forty-eight (48) hours following the city council’s enactment of the ordinance from which this article is derived, the city manager or his designee shall post a copy of the new smoking regulations on the city’s website and deliver a copy of this article to all local media for notification of the public. There shall be a thirty (30) day grace period following the effective date of the ordinance during which time the city police department and/or other city enforcement officials shall issue verbal or written warnings to any person or business that may violate the terms of this article.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-72)
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-73)
This article shall be liberally construed so as to further its purposes.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-74)