Approved: Aug. 21, 2007
Effective: Jan. 1, 2008
Smoking is prohibited in public places, including but not limited to:
- Bars in Restaurants
- Bowling Alleys
- Business Offices and Buildings
- Within 20 feet of a primary entrance/exit of a regulated facility
Smoking is allowed in the following places:
- Bars – defined as establishments that are licensed by the State and that have more than 70% of their annual gross sales in alcoholic beverages for consumption by guests on the premises. Calculation of gross sales shall be made from the combined sale of food and beverages. 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.
- Hotel/Motel Rooms – but only up to 25% 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 or from operable windows.
- 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 person who smokes 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.
- Stage Productions – any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of the production.
Frequently Asked Questions
How will you ensure that the regulated and exempt establishments follow the new ordinance?
Prior to an establishment attaining exempt status, confirmation of their exemption must be documented by city staff. For example, all bars must provide appropriate documentation to verify alcohol sales total 70 percent of total sales (this will be confirmed annually). Additionally, State issued licenses will be verified during the confirmation phase.
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 (see example below). These signs will not be provided by the City of Fort Worth. Each establishment must purchase and place their own signage.
What do employers at non-smoking facilities have to do to comply with the ordinance?
- Designate all areas of the place of employment including but not limited to, conference rooms, break rooms, and dining areas as non-smoking.
- Notify employees and applicants in writing that smoking is prohibited or permitted (if the establishment is exempt from the smoking ordinance).
- Make reasonable accommodations for an employee who requests an assignment to a smoke free area when the establishment is exempt from the smoking ordinance.
Who can I contact if I have any questions or would like to file a smoking complaint?
If you would like to file a complaint or have any additional questions, please call the Smoking Ordinance Hotline at 817-392-7255 or fill out the online complaint form.
How long does it take to investigate a smoking complaint?
All smoking complaints will be investigated within 48 hours.
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