O-2016-3648 Amendment to Chapter 34 of the La Porte Code of Ordinances to Add Vaping

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ORDINANCE NO. 2016-3648 AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING ARTICLE II "AIR POLLUTION," DIVISION 2. "SMOKING," RELATING TO THE PROHIBITION OF SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE CITY LIMITS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 34, "Environment,", Article Il. "Air Pollution," Division 2. "Smoking," of the Code of Ordinances, La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "DIVISION 2. SMOKING Sec. 34-51. - Definitions. The following words, terms and phrases, whenever used in this division, shall have the meanings lascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and derives at least 60 percent of annual gross revenues from the sale of alcoholic beverages for on premise consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret. Bingo hall means an establishment or facility licensed by the State of Texas for the purpose of conducting bingo games. Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including any retail establishment where goods or services are sold and any professional corporation or other entity where legal, medical, dental, engineering, architectural, or other professional services are delivered. Electronic vaping device means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he/she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e -cigarettes, electronic cigars, e -cigars, electronic pipes, e -pipes, electronic hookahs, e -hookahs or under any other product name or design.