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"

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Sec. 34.268 Governmental agency cooperation. The city manager shall annually request that each federal, state, county, and school district agency with a facility in the city adopt local operating procedures and upaate its existing smoking control regulation in compliance with this chapter. Sec. 34.269. Application of other law. This chapter is cumulative of other laws that regulate smoking. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. The caption of this ordinance shall be published in a newspaper of general circulation within the City of San Marcos. SECTION 5. The provisions of Section 34.257 (a) prohibiting smoking in city parks and Section 34.257(b) prohibiting smoking within or on the grounds of city buildings and facilities shall become effective on January 1, 2014. All other provisions of this ordinance shall become effective on June 1, 2014. Any bar, lounge, or restaurant that does not have an outdoor seating area as of June 1, 2014 and has a building permit posted on that date for construction of improvements necessary to accommodate smokers outside of an enclosed area shall comply with all provisions of this ordinance on and after the earlier of January 1, 2015 or the date such improvements pass final city inspection. PASSED AND APPROVED on first reading on November 19, 2013. PASSED, APPROVED AND ADOPTED on second reading on December 3, 2013.