19 - Prohibit the Use of Electronic Cigarettes in Public Places and provide for a variance for semi-enclosed areas of places of employment

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which you may speak for or against the variance. If granted, the variance will allow smoking and the use of electronic cigarettes in the specified semi -enclosed area. "Said notice shall be in a typeface and type size that are easily readable and shall be posted so as to give reasonable notice to employees of the public hearing. "(e) A variance granted under this section shall be effective for a period of three (3) years and after it is granted by the city council, and the business may apply for renewal variances of three (3) years thereafter. "(f) Upon denial of a variance under this section, a business may not reapply for a variance for a period of one (1) year from the date of denial. "(g) It shall be unlawful to smoke or use an electronic cigarette, or to allow smoking or the use of an e -cigarette in a semi -enclosed area in the absence of a variance granted under this section, or to smoke or use an electronic cigarette, or to allow smoking or the use of an e -cigarette in a semi -enclosed area in which at least one wall is open to the outside air. "(h) The decision of the city council on an application for variance under this section is final and is not appealable." Section 6. That the first sentence of Chapter 7.03, Section 7.03.006, "Prohibition in outdoor public places," shall be amended to read: "Smoking and the use of electronic cigarettesmwith or without liquid nicotine shall be prohibited in the following outdoor places:" The remainder of said Section 7.03.003 shall remain the same. Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 9. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and Page 5 of 6