Amended August 9, 2011; Effective January 1, 2012
The City Council approved an ordinance that would regulate smoking in certain public places. After thoroughly reviewing the former ordinance, the City Council passed amendments to further regulate smoking and its effects to the public. Efforts have been made to ensure that the ordinance is consistent with neighboring cities’ policies, as well as national standards. Regulations regarding smoking distance requirements from main entrances, as well as exceptions are included. Regulation of smoking in parks, bars, billiard halls, bowling alleys, bingo establishments, restaurants and restaurant patios, as well as hotels and motels are also referenced.
|Ordinance 2174||Sign Template - Facilities||FAQ's|
|Letter to Businesses||Sign Template - Rentals|
Smoking is prohibited in public places, including but not limited to:
- Bars in restaurants until after 8:30 p.m.
- Public parks except in paved parking areas
- Facilities owned or managed by the City of Hurst except in paved parking areas
- Business offices and buildings accessible to the general public
- Within 20 feet of a primary entrances/exits of a regulated facility, OR
- Within 50 feet of public entrances to a retail establishment
Smoking is allowed in the following places:
- Bowling Alleys – a building that contains at least 5 lanes for bowling. The size of the lanes must be in compliance with the rules of the United States Bowling Congress. A non-smoking area must be provided within the establishment and any one under the age of 18 cannot be employed or admitted into the smoking section.
- Billiard Halls – a place of amusement whose chief purpose is providing the use of billiard/pool tables to the public for a fee. A non-smoking area must be provided within the establishment and any one under the age of 18 cannot be employed or admitted into the smoking section.
- Sports Bars – means any establishment which has a bar area with seating, video equipment for sports related viewing, and gaming equipment that includes but is not limited to pool tables, dart boards, shuffle boards, electronic games, etc. Restaurants that contain a bar are not considered a bar.
- Bingo Parlors – operated under the Bingo Enabling Act Chapter 2001 of the occupations code provided no one under the age of 18 years is allowed in the smoking area and the facility provides an enclosed designated non-smoking area. A non-smoking area must be provided within the establishment and any one under the age of 18 cannot be employed or admitted into the smoking section.
- Hotel/Motel Rooms – but only up to 20% of the total number of rooms in the hotel/motel rented to guests may be designated as smoking rooms.
- Outdoor Dining Areas – as long as the area is more than 20 feet from a primary entrance.
- Private Clubs – to mean an associated group of persons that are members governed by a board of representatives, and the facility which the club owns, leases or rents is utilized solely for the benefit of its members and guests.
- Private Meeting Rooms – as long as the entire room remains private and is not open to the general public such as hotel/motel conference or meeting rooms and public facilities while being used for a private function (with the exception of restaurants ).
- Private Residences – except when used as a child care, adult day care or health care facility
- Private or Semi-Private Room in a Nursing Home or Long-Term Care Facility – that is occupied by persons who smoke and has requested in writing to be placed in a room where smoking is permitted.
- Retail Tobacco Stores – if the store is a stand-alone facility and its primary business is the sale of tobacco products and accessories.
1. Will the City of Hurst furnish “No Smoking” signs?
“No Smoking” signs will not be provided by the City of Hurst. Each establishment must purchase and place their own signage. Signs may be purchased from Hurst sign and banner businesses, such as All About Recognition (817-282-2204) or Better Signs & Banners (817-282-3776).
2. What are the “No Smoking” signs supposed to look like? Where do I need to place the sign?
Hurst will not regulate the size of the signs. As for language, the sign shall contain the words “No Smoking, City of Hurst Ordinance,” OR the universal sign for no smoking, OR other language that clearly prohibits smoking. All signs shall be posted at all entrances accessible to the general public. Employee entrances, employee administrative areas, and employee smoking areas are not regulated, as long as the general public does not have access to those areas.
3. Where do smoking extinguishing receptacles need to be placed?
Each extinguishing receptacle needs to be placed within 20 feet of all public entrances.
4. What do owners/operators of non-smoking facilities have to do to comply with the Ordinance?
- Ensure no smoking occurs in their facility's non-smoking areas.
- Remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited.
- Request a person violating the Smoking Ordinance in their establishment to stop smoking or leave.
- Post a "No Smoking" sign with the international "No Smoking" symbol.
5. If I am an owner of a restaurant/bar, how does the Ordinance affect me?
Bars are subject to the same regulation as bingo parlors and bowling alleys. Within the facility, a non-smoking area must be provided (reference Section 19-4 of the Ordinance for non-smoking area specifications). Owners and managers must also ensure that no one under the age of 18 years is admitted or employed in the smoking section.
6. Are there exceptions for smoking in/at restaurants?
Yes, smoking can occur in restaurants if:
- the person was smoking after 8:30 p.m.
- the establishment, at full capacity, seats less than 80 people.
- the person was smoking in an outdoor dining area and/or patio, as long as the dining area and/or patio is physically separated from the indoor dining area closed by a closed door or partition and is more than 20 feet from the primary entrance of an establishment.
7. What are the distance requirements for retail businesses and restaurants?
The distance requirement for smoking outside of retail establishments is 50 feet. The distance requirement for smoking outside of restaurants is 20 feet.
8. If I own a business where the public does not come in, what will I need to do to be compliant with the Ordinance?
If the public does not have access to your business, in other words, if your business is not generally accessible to the public other than to the employees that work there, you will not need to do anything to be compliant. If you decide to go smoke-free, that would be on your own accord.