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Please find below the proposed Plano Smokefree Ordinance, and below, the dates of council meetings and public hearings.

Of note:

· the ordinance bans smoking 25 feet from any entrance or window, which eliminates many patio areas

· if problems persist at a particular venue, managers and/or owners will be fined along with the customers

· Ordinance goes into effect almost immediately – no phase in period for owners with ventilation.

We wanted to get this information out to you so that if you have concerns, you have adequate time to contact the city council/mayor’s office.

Please feel free to contact me at bavarian@bavariangrill.com should you have any questions.

Please find attached City of Plano Smokefree Ordinance updated on January 24^th.which I received through the Greater Dallas Restaurant Assoc.

IMPORTANT DATES FOR SMOKEFREE ORDINANCE:

February 12 – Preliminary Council Agenda

February 22 – Public Hearing in the Council Chambers, 6:00 to 7:30 p.m.

February 26 – Regular Council Agenda

AN ORDINANCE OF THE CITY OF PLANO, TEXAS, REPEALING ARTICLE IV, SMOKING, OF CHAPTER 14, OFFENSES – MISCELLANEOUS, SECTIONS 14-66 THROUGH SECTIONS 14-72 OF THE CODE OF ORDINANCES OF THE CITY OF PLANO TO REVISE THE SMOKING REGULATIONS MAKING THE CITY OF PLANO A SMOKEFREE ENVIRONMENT; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALING CLAUSE, A PUBLICATION CLAUSE; AND AN EFFECTIVE DATE.

WHEREAS, the Director of Health of the City of Plano recommended revisions of the current smoking regulations to protect the health, safety and welfare of citizens by creating a smokefree environment for the City of Plano; and

WHEREAS, on November 14, 1994, the City Council of the City of Plano passed Ordinance Nos. 94-11-22 and 94-11-33, amending Article IV, to regulate smoking; and

WHEREAS, on August 28, 1995, the City Council of the City of Plano passed Ordinance No. 95-8-42, amending Section 14-66, Section 14-72 and Section 14-66.1; and

WHEREAS, it is a generally accepted principle that the use of cigarettes, second-hand smoke and other tobacco products constitute a hazard to a person’s health; and

WHEREAS, the purpose of this chapter is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smokefree air; and (3) recognize that the need to breathe smokefree air shall have priority over the choice to smoke; and

WHEREAS, upon recommendations of the City staff and upon full review and consideration of all matters attendant and related thereto, the City Council finds and determines that it is necessary to repeal Ordinance Nos. 94-11-22, 94-11-33 and 95-8-42, codified in Article IV, Smoking, of Chapter 14, Offenses – Miscellaneous, of the Code of Ordinances for the City of Plano, Texas.

NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, THAT:

Section I. Ordinance Nos. 94-11-22 and 94-11-33 passed on November 14, 1994, and Ordinance No. 95-8-42, passed on August 28, 1995, codified in Article IV, Chapter 14 of the Code of Ordinances, are hereby repealed in their entirety.

Section II. Article IV, of Chapter 14, of the Code of Ordinances of the City of Plano, Texas, is hereby replaced to read verbatim as follows:

"Bar" means an area which 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 such beverages. A "bar" includes those facilities located within a hotel, motel or other similar transient occupancy establishment.

"Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

“Director of Health” means the director of the department designated by the city manager to enforce and administer this article or the designated director’s representative.

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

"Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons.

"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling.

"Place of employment" means any enclosed area under the control of public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.

"Private place" means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences; private social clubs or personal automobiles. A privately-owned business, open to the public, is not a "private place."

"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks; educational facilities; health facilities; laundromats; public transportation facilities; reception areas; production and marketing establishments; retail service establishments; retail stores; theaters and waiting rooms. A private residence is not a "public place."

"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

"Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

"Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form.

"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

A. Smoking shall be prohibited in all enclosed public places within the city,
including, but not limited to, the following places:

2. Restrooms, lobbies, reception areas, hallways and any other common-use areas;

3. Buses, bus terminals, taxicabs, train stations, airports and other facilities and means of public transit, as well as ticket, boarding, and waiting areas of public transit depots;

6. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, attorneys’ offices and other offices, banks, laundromats, hotels, motels and country clubs;

9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance;

10. Sports arenas and convention halls, including bowling and billiard facilities;

11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;

12. Waiting rooms, hallways, wards, private and semiprivate rooms of physical and mental health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices;

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

16. Within 25 feet of any door, operable window/vent or other opening to an indoor enclosed area.

A. It shall be the responsibility of employers to provide a smokefree workplace for all employees.

B. Each employer having any enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, hotel and motel rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

C. The smoking policy shall be communicated to all employees within four weeks of its adoption.

D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. A model “policy for a smokefree workplace” will be available through the City of Plano Health Department.

Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may exceed the minimum required by this ordinance.

All enclosed facilities and vehicles owned by the city shall be nonsmoking at all times notwithstanding other provisions of this chapter.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private residences, except when used as a child care, adult day care or health care facility;

A. The owner, manager or other person having control of such building or premise where smoking is prohibited by this chapter shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or premise where smoking is prohibited.

B. Such "No Smoking" signs shall have bold lettering of not less than one inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).

The City of Plano Health Department shall promote the purposes and requirements of this chapter to the public affected by it, and to guide owners, operators and managers in their compliance with it. Such promotion may include publication of a brochure for affected businesses, a “model” smokefree workplace policy, and making individuals available to explain the provisions of this chapter.

A. Primary enforcement of this chapter shall be implemented by the City of Plano Health Department, with assistance authorized through the Building Inspections Department, the Fire Marshal’s Office, and law enforcement agencies.

B. Notice of the provisions set forth in this chapter shall be given to all applicants for a certificate of occupancy in the city through the Building Inspections Department.

C. Any person may register a complaint under this chapter to initiate enforcement with the City of Plano Health Department.

D. The Health Department, Building Inspections Department, Fire Marshals Office or Police Department, may inspect for compliance while an establishment is undergoing otherwise routine or mandated inspections.

E. Any owner, manager, operator or employee of any establishment regulated by this chapter shall be responsible for informing persons violating this chapter of the provisions through appropriate signage.

F. Enforcement of this chapter will be directed primarily at the person(s) smoking. The owner, manager, operator or person-in-charge of any establishment regulated by this chapter may be cited for noncompliance if repeated violations occur at the same location.

G. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

(a) The building official of the city may, upon request, provide each applicant for a certificate of occupancy with a copy of this article. The ordinance in its entirety is otherwise available through the City Secretary’s Office or on the City’s website.

(b) The owner, operator or manager of any facility, business or agency within the purview of this article shall comply with the provisions of this article.

(c) The director of health or his designee may enforce sections 14-66 through 14-72 of this article by any of the following actions:

(1) Serving notice requiring the correction of any violation of that section; or

(2) Requesting the city attorney to maintain an action for injunction to enforce the provisions of section 14-68 of this article, to cause the correction of any such violation, and for assessment and recovery of a civil penalty of such violation, including attorney’s fees; or

The remedies contained herein are cumulative of and in addition to any other remedies that are available at law or in equity.

(d) In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the general welfare of its citizens. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that (1) the city or one (1) of its officers or employees breached any such obligation, and (2) the breach proximately caused injury.

No person nor employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smokefree environment afforded by this chapter.

A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with all of its provisions.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

2. A fine not exceeding five hundred dollars for a second violation within a one

3. A fine not exceeding one thousand dollars for the third and each additional violation within a one year period of the first violation.

Section III. Any person, firm or corporation found to be violating any term or provision of this Ordinance, shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense. Every day a violation continues shall constitute a separate offense.

Section IV. The repeal of any ordinance or part of ordinances affectuated by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance.

Section V. It is the intention of the City council that this Ordinance, and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance.

Section VI. All provisions of the ordinances of the City of Plano, codified or uncodified, in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the ordinances of the city of Plano, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.

Section VII. This ordinance shall become effective immediately upon its passage and publication as required by law.