Dallas City Code, Section 41-2. Smoking Prohibited in Certain Public Areas

(a) A person commits an offense if he smokes in any of the following indoor or enclosed areas:

(1) An elevator used by the public.

(2) A hospital or nursing home.

(3) Any facility owned, operated, or managed by the city.

(4) Any retail or service establishment.

(5) Any establishment or area marked with a no smoking sign complying with Subsection (b) by the owner or person in control of the establishment or area.

(6) Any facility of a public primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.

(b) The owner or person in control of an establishment or area in which smoking is prohibited under Subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment or area. The sign shall contain the words "No Smoking, City of Dallas Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. A sign posted prior to adoption of this subsection may contain the language "No Smoking City of Dallas Ordinance No. 14682."

(c) The owner or person in control of a bar qualifying for a defense to prosecution under Subsection (d)(3) or a billiard hall qualifying for a defense to prosecution under Subsection (d)(7) may designate smoking areas, except that the designated smoking areas may not include:

(1) the entire establishment;

(2) cashier areas; or

(3) restrooms.

(d) It is a defense to prosecution under Subsection (a) of this section if the person was smoking in a location that was:

(1) a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;

(2) an administrative area or office of an establishment described in Subsection (a)(2), (a)(4), or (a)(6) of this section if the administrative area or office is physically separated from those areas of the establishment where smoking is prohibited, except that this defense does not apply if the location was posted as a nonsmoking area under Article III of this chapter;

(3) a bar that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if:

(A) any part of the bar is generally accessible by a minor;

(B) the bar opens into a hotel or motel; or

(C) the location was posted as a nonsmoking area by the owner or person in control of the bar with a sign complying with Subsection (b);

(4) a retail or service establishment that:

(A) derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements; and

(B) does not open into any other establishment in which smoking is prohibited under this section;

(5) an unenclosed outdoor seating area of an eating establishment, except that this defense does not apply if:

(A) the outdoor seating area is adjacent to a playground or play area for children; or

(B) the location was posted as a nonsmoking area by the owner or person in control of the establishment with a sign complying with Subsection (b);

(6) a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel; or

(7) a billiard hall that does not open into any other establishment in which smoking is prohibited under this section, except that this defense does not apply if:

(A) any part of the billiard hall is generally accessible by a minor; or

(B) the location was posted as a nonsmoking area by the owner or person in control of the billiard hall with a sign complying with Subsection (b).

(e) It is a defense to prosecution under Subsection (b) of this section that the establishment or area is a location for which a defense to prosecution is provided under Subsection (d) of this section. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168)

By Avi S. Adelman under Public safety , Legal issues