§ 66-151. Definitions.

As used in this article, the following words and terms shall have the meaning ascribed thereto:

Administrative area means the area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges, or meeting rooms.

Electronic vaping device shall mean any electronically powered or battery powered device designed to simulate the smoking of tobacco, cigarettes, pipes or cigars. An electronic vaping device includes personal vaporizers, electronic cigarettes (e-cigarettes), electronic pipes (e-pipes), electronic cigars (e-cigars) and any other type of electronic nicotine delivery system or any part thereof.

Employee means any person who is employed by any employer for direct or indirect monetary wages or profit.

Employer means any person who employs the services of an individual person.

Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies.

Hospital means any institution that provides medical, surgical, and overnight facilities for patients.

Motion picture theater means any theater engaged in the business of exhibiting motion pictures to the public.

Patio means an unair-conditioned eating area with or without fans and physically adjoining an existing eating establishment with at least two (2) sides of its perimeter open to an exterior yard, court and/or parking area. The exterior perimeter may have full or partial height walls provided at least 40% of the wall area is equipped with permanent openings that do not restrict ventilation or the free flow of air.

Person means any individual, corporation, sole proprietorship, and any other type of business entity recognized under Texas law.

Public building means any building, structure, facility, or complex used by the general public, whether constructed by any state, county, or municipal government agency or instrumentality or any private individual, partnership, association or corporation, including, but not limited to assembly buildings, such as auditoriums, libraries, public eating places, schools, and theaters; business buildings such as offices; and factories and industrial buildings.

Public service area means any area to which the general public routinely has access for municipal services or which is designated a public service area in written policy.

Retail and service establishment means any establishment which sells goods or services to the general public.

Smoking or to smoke means the possession of a burning tobacco, weed or other plant product or the use of an electronic vaping device.

Workplace means any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location.

(Code 1973, § 13-76; Ord. No. 1288, § 1, 7-10-86; Ord. No. O-2014-005-01, § 1, 4-28-14)

Cross reference

Definitions generally, § 1-3.