Smoking Ordinance Highlights

Ordinance Details

The San Marcos smoking ordinance:

  • Allows businesses and workplaces to designate the entire facility as nonsmoking.
  • Defines "public places" as enclosed areas to which the public is invited or permitted, including but not limited to banks, bars, bingo facilities, comedy clubs, indoor music venues, convention facilities, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production areas, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.
  • Exempts, private residences, designated smoking rooms in a long-term care facility, hotel or motel, designated outdoor areas of bars, restaurants, or lounges as well as retail tobacco and vape shops.
  • Includes as smoke-free work areas: common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
  • Includes e-cigarettes and other inhaled vapor devices in the definition of "smoking."
  • Levies graduated fines, upon conviction, beginning at $200 for a first offense, $500 for second offenses and up to $2,000 for third and subsequent offenses.
  • Prohibits smoking in the enclosed areas of public places and workplaces, outside within 10 feet of entrances and windows and on City-owned or rented property, including parks, City facilities, City Hall and sports venues.
  • Requires businesses and facilities to have conspicuous no-smoking signs using the international no smoking symbol, requires owners or operators to inform employees and patrons and prevent violations, and to post signs designating areas where smoking is permitted.