Ord 2013-066/Amending chapter 34, article 5, division 2 of the city code regulating smoking in public places, as previously adopted by ord. 2013-57 by adding a definition for "Vape Shop" or "Vapor Shop"

Home Browse Search

ORDINANCE NO. 2013 - 66 AN ORDINANCE AMENDING CHAPTER 34, ARTICLE 5, DIVISION 2 OF THE SAN MARCOS CITY CODE REGULATING SMOKING IN PUBLIC PLACES, AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 2013 -057, BY ADDING A DEFINITION FOR "VAPE SHOP" OR "VAPOR SHOP" AND EXEMPTING THOSE BUSINESSES FROM THE PROHIBITION OF SMOKING IN PUBLIC PLACES; AND PROVIDING AN EFFECTIVE DATE Recitals: 1. Subsequent to the adoption of Ordinance No. 2013 -057 on October 2, 2013, the city received a request to exempt vape shops (vapor shops) from the prohibition of smoking in public places. 2. The San Marcos City Council hereby finds that Chapter 34, Article 5, Division 2, of the San Marcos City Code, as amended by Ordinance No. 2013 -057, should be further amended to define the term "vape shop or vapor shop" and exempt such businesses from the prohibition of smoking in public places. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 34, Article 5, Division 2, Smoking in Public Places, of the San Marcos City Code is hereby amended to read as follows (added language is underlined) DIVISION 2. SMOKING IN PUBLIC PLACES Sec. 34.256. Definitions. In this division: (1) 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 for a non - profit entity. (2) EMPLOYER means a person who employs the services of one or more individuals. (3) ENCLOSED AREA means all space from the floor to the ceiling that is fully enclosed or capable of being fully enclosed on all sides by walls, windows, or doors in any combination.