HomeMy WebLinkAboutORD 2014-36 - Vaping StoresORDINANCE NO. a. Q I ' �`L
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS AMENDING SECTIONS 8.32.010 AND 8.32.030 OF THE CODE OF
ORDINANCES ADDING DEFINITION FOR "VAPING STORE" AND EXEMPTING
THOSE BUSINESSES, AS DEFINED, FROM THE PROHIBITION OF SMOKING IN
PUBLIC PLACES; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Georgetown enacted Ordinance
2006-144 on November 28, 2006 regulating smoking in public places, which was
codified as Chapter 8.32 of the Code of Ordinances of the City of Georgetown; and
WHEREAS, the City Council on March 25, 2014 amended Chapter 8.32 to
include the regulation and sale of electronic cigarettes and other vaping devices within
the City; and
WHEREAS, the City Council desires to further amend Chapter 8.32 to exempt
Vaping Stores from the Prohibition of Smoking in Public Places as defined in this
Chapter and to amend the Code of Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim.
Section 3. Section 8.32.010 "Definitions" is hereby amended as shown on Exhibit A.
Section 4. Section 8.32.030 "Exemptions" is here by amended as shown on Exhibit B.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Section 6. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Ordinance Number: ;;-.(71 - 7-5(p
Description: Vaping Stores, Vape Shops and/or Vapor Stores
Date Approved: , 2014
Page 1 of 2
Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This Ordinance shall become accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the 27th day of May, 2014.
PASSED AND APPROVED on Second Reading on the 10th day of June, 2014.
ATTEST:
APPROVED AS TO FORM:
A, d' � 1, ,, (
ri get ChJpma6dity Attorney
THE CITY OF GEORGETOWN
Ck 6 '- C-;: " �'
Dale Ross, Mayor
Ordinance Number: )o I —3(o Page 2 of 2
Description: Vaping Stores, Vape Shops and/or Vapor Stores
Date Approved: 12014
Sec. 8.32.010. Definitions.
As used in this Chapter, the following terms have the respective meanings ascribed to them:
"Bar" or "cocktail lounge" means any establishment or place of business in which more than
60 percent of the annual gross sales is derived from the sale of alcoholic beverages for on -
premises consumption and where the serving of food is only incidental to the primary business of
serving alcoholic beverages or limited to the provision of free snacks or appetizers, and that has
its own entrance from the outside, does not share an entrance with a restaurant or other
establishment, and does not have a door or access to a restaurant or other establishment.
"Bar area" means a counter or similar place within a restaurant where alcoholic beverages
are served to customers.
"Bingo hall" means any premises in which an establishment or organization as its sole or
predominant function offers the playing of bingo. A "non-profit private club" offering the
playing of bingo as a secondary function is not a "bingo hall."
"Electronic vaping device" means any electronically powered or battery powered device that
uses an atomizer or similar device allowing users to inhale nicotine vapor or any other vapor to
simulate the smoking of tobacco, cigarettes, pipes, or cigars. An electronic vaping device
includes personal vaporizers, electronic cigarettes (e -cigarettes), electronic pipers (e -pipes),
electronic cigars (e -cigars) and any other type of electronic nicotine delivery system or any part
thereof.
"Enclosed area" means any area covered by a roof and surrounded by walls, including walls
with windows and openings for ingress and egress.
"Health care facility" means any office or institution providing individual care or treatment
of human medical, physiological or psychological illness, other than a hospital, which definition
shall include but not be limited to doctor's offices, nursing and convalescent homes and senior
citizen residential facilities.
"Liquid nicotine" means any liquid product composed either in whole or in part of pure
nicotine and propylene glycol and/or any other substance and manufactured for use with
electronic vaping devices.
"Minor" means a person under 18 years of age.
"Non-profit private club" means any building, premises or portion thereof which is wholly
owned or leased and operated by an organization meeting the requirements of Chapter 501(c) of
the United States Internal Revenue Code, as amended.
"Open display unit" means, in the context of the retail sale of electronic vaping devices, any
device, furniture or furnishing within or upon which electronic vaping devices are displayed to
customers and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk,
booth, stand, and vending machine.
"Person" means any individual, firm, partnership, association, corporation, company or
organization of any kind.
"Private membership club" means an association of people that:
EXHIBIT A
1. Grants membership to an applicant after submission of a written application to the club
for determination of eligibility and/or approval;
2. Owns, leases or rents a building, or a space in a building of such extent and character as
is suitable and adequate for the club's membership and their guests; and
3. Collects annual membership fees, dues, or other income from its members that defrays a
substantial portion of the operating expenses of the club.
"Public conveyance" means any mass transit vehicle or school bus other than a transit
system bus, or intrastate bus, as defined by Section 541.201, Transportation Code, plane, or train.
"Public meeting" means any gathering or assembly of individuals held in any room or
chamber wherein public, civic or governmental business is conducted and which is open to the
public either as participants or spectators.
"Public place" means any enclosed area to which the public is invited or in which the public
is permitted, not including the offices or work areas not entered by the public in the normal
course of business or use of the premises. A residence is not a public place.
"Restaurant" means any structure or premises where the principal activity involves the
serving of prepared food on -premises or off -premises, with or without alcohol, where the sales of
alcoholic beverages are 60 percent or less than the annual gross sales of the establishment.
Cafeterias and lunch counters are included in this definition, while drive-in eating establishments
that do not have indoor seating or dining are not.
"Retail store" means an establishment whose purpose is to offer for sale and sell to
consumers, not for resale, goods, wares, merchandise and food, which items are purchased for
use and/or consumption off the premises.
"Retailer" means a person or retail store who/which engages in the practice of selling
electronic vaping devices to consumers and includes, but is not limited to, the owner of an open
display unit.
"Self-service merchandising" means, in the context of retail sale of electronic vaping
devices, the open display for direct retail customer access and handling prior to purchase,
without the intervention or assistant of the retailer or the retailer's owner, employee or agent„
including, but not limited to, the use of an open display unit of electronic vaping devices,
whether packaged or otherwise.
"Separate ventilation" means separation by a physical barrier of the area where smoking is
allowed from the area where smoking is not allowed. The physical barrier must form an effective
membrane continuous from outside wall to outside wall, from smoke barrier to smoke barrier,
from floor to floor or roof above, or a combination thereof, including continuity through all
concealed spaces, such as above suspended ceilings, interstitial structural and mechanical spaces.
Transfer grilles, louvers and similar openings shall not be used in these partitions. Self-closing,
tight fitting doors are permitted in such barriers. The ventilation system must be a HVAC system
designed by a licensed professional engineer to have a negative pressure on the area designated
for smoking to prevent air from a smoking area to be drawn across or into a non-smoking area,
provide a total air exchange every 15 minutes and exhaust that air to the exterior of the building.
All air ventilation systems shall be tested at least once every six months and a record of such test
maintained by the establishment or facility and submitted to the building official or his/her
EXHIBIT A
designee when requested. The system shall be operated such that smoke from the area where
smoking is allowed does not enter the area where smoking is not allowed.
"Service line" means a line of persons formed for the securing of a service or product on a
first-come first-served basis.
"Smoking" means lighting, burning, inhaling, exhaling, holding or carrying of a lighted
tobacco product including but not limited to cigarettes, pipes, and any other lighted smoking
equipment or device or the use of an electronic vaping device as such term is defined in this
Chapter..
"Sports arena" means an indoor facility primarily used for sports, cultural or other similar
events.
"Theater" means any indoor facility primarily used for the exhibition of any motion picture,
stage drama, musical recital, musical concert, dance, lecture or other similar performance.
"Tobacco product" means the product derived from the dried leaves of any one of the
various species of nicotine, including but not limited to the species nicotine tabacum, the broad -
leafed native American plant, which is utilized for smoking.
"Vaping Store", "Vape Shop", and/or "Vapor Shop" means a retailer whose primary use is
for the sale of electronic vaping devices and other products associated with vaping, whose sale of
other products is incidental, and whose gross revenues are over 80% from the sale of vaping
devices and products associated with vaping.
EXHIBIT A
Sec. 8.32.030. Exemptions to smoking prohibition.
A. The following are exemptions to Section 8.32.020 A. and are areas where smoking is not
prohibited, unless the area is designated as nonsmoking by the owner, operator, manager or
person in control of the establishment or facility:
1. Subject to the additional provisions of Section 8.32.030 B., bar areas within a restaurant
in operation on the effective date of this Chapter, if within 180 days of the effective date
of this Chapter the bar area has separate ventilation.
2. Subject to the additional provisions of Section 8.32.030 B., bars or cocktail lounges that
were in operation on the effective date of this Chapter with a permit from the Texas
Alcoholic Beverage Commission to sell beer, wine, and mixed alcoholic beverages on
premises by the drink without the requirement to also serve food.
3. Designated areas of a health care facility, except that hallways and other public areas
shall be non-smoking areas.
4. Designated smoking guest rooms in a hotel or motel, provided that the hotel or motel
does not designate more than 25 percent of the guest rooms for rent as smoking rooms,
and provided further that hotel and motel lobbies, hallways, an other public areas shall
be nonsmoking areas;
5. Non-profit private clubs, except that smoking shall not be allowed at a public event or
activity at which any person under the age of 18 is allowed;
6. Designated areas in private membership clubs; and
7. Vaping Stores that are not open to minors at any time and are not connected to or share
an adjoining wall with any other business open to the general public or minors.
B. The right to exempt status under Section 8.32.030 A.1. and 2. shall cease and the owner of
the affected establishment shall comply with the provisions of Section 8.32.020 under any of
the following circumstances:
1. Whenever the bar area, bar or cocktail lounge is vacated, abandoned, closed for
business, or ceases to meet the definition of bar area, bar or cocktail lounge, any of
which continues for a period of more than 30 consecutive days, except when the
premises in which the establishment operates are being repaired, remodeled or
expanded, in which case the period is 180 days. The 180 -day period may be further
extended to the period for which a building permit for the work remains valid.
2. Whenever the enclosed areas of a structure in which the bar area, bar or cocktail lounge
is expanded by more than 25 percent of its original size by the owner or operator; or
3. Whenever there is a change of location of the bar area, bar or cocktail lounge.
Exhibit B