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STAFF REPORT

The city attorney’s office has released a draft of a proposed ordinance that would ban cigarette smoking in nearly all public places, including bars and restaurants, as well as city-owned parks and other facilities.

The San Marcos City Council will hold a 7 p.m. public hearing on the proposed legislation at its regular meeting tonight at San Marcos City Hall, 630 E. Hopkins St.

Drafted by City Attorney Michael Cosentino at the direction of the city council members, the ordinance defines “public places” to include ”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 and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms” whether or not they are privately owned.

The smoking prohibition also includes outdoor areas within 15 feet from the entrance or openable window of a place where smoking is banned.

It does not apply to outdoor seating and other open areas of public places as long as signs are posted “warning patrons of the negative health effects associated with secondhand smoke.” Retail tobacco shops and designated smoking rooms in hotels and nursing homes are also exempt from the ban.

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» Proposed San Marcos Smoke-Free Ordinance