SMOKING ORDINANCE :: FREQUENTLY ASKED QUESTIONS

Question:
Why were changes made to the ordinance?

Answer:
The City of Arlington has restricted smoking in public places since the early 1990s to protect the public against the damaging affects of secondhand smoke, which the Environmental Protection Agency has classified as a known human carcinogen. Since that time, more U.S. cities have been imposing additional restrictions on smoking within public places. A report this year from the U.S. Surgeon General concluded that the health effects of secondhand smoke exposure are more pervasive than previously thought. The report finds that “even the most sophisticated ventilation systems cannot completely eliminate secondhand smoke exposure and that only smoke-free environments afford full protection.” For more about the report: www.surgeongeneral.gov/library/secondhandsmoke.

Question:
How do the revisions to the smoking ordinance impact the owner or manager of a restaurant in Arlington?

Answer:
Smoking is prohibited in restaurants and combination restaurants and bars. It is an offense for a restaurant owner, manager or operator to designate or maintain a smoking area in a restaurant. It is an offense for the restaurant owner, manager or operator to allow the smoking of a tobacco product within the restaurant. Further, the owner or manager of the restaurant commits an offense if he or she fails to post and maintain required signage. Click here for examples of required signage.

Question:
How do the revisions to the smoking ordinance impact the owner or manager of bar in Arlington?

Answer:
A bar is defined as an establishment that derives more than 75 percent of its gross revenues from the sale of alcoholic beverages for on-premise consumption. Smoking is prohibited in a bar, night club, sexually oriented business, billiard hall, bingo parlor or bowling center unless the establishment does not allow any person under the age of 18 to enter, does not open into a restaurant, hotel, motel, or any other establishment where smoking is prohibited, and is fully enclosed floor to ceiling by solid walls with a stand alone heating/ventilation air conditioning system. An owner, manager or operator of such an establishment commits an offense if he or she allows smoking of a tobacco product unless this criteria has been met. Further, the owner or manager of a bar, night club, sexually oriented business, billiard hall, bingo parlor or bowling center commits an offense if he or she fails to post and maintain required signage. Click here for examples of required signage.

Question:
How do the revisions impact the public?

Answer:
The amount of second-hand smoke inside of public places will be reduced, improving air quality.
A person commits an offense if he or she smokes tobacco or possesses a burning tobacco product within an Arlington restaurant, bar, night club, sexually oriented business, billiard hall, bingo parlor or bowling center where smoking is prohibited. A person commits an offense if he or she smokes tobacco or possesses a burning tobacco product with a 50-foot arc of an entrance to a non-smoking facility. Violation of this ordinance is a Class C misdemeanor punishable by a fine up to $2,000.

Question:
How do I know if my establishment is in compliance with the ordinance revisions?

Answer:
Review Article X of the Health and Sanitation Code of the City of Arlington in its entirety. Click here to review the Article X (pdf).

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