No Smoking

Smoking and Electronic Cigarette Use Is Prohibited at Asmbly

Smoking and electronic cigarette use is prohibited everywhere inside Asmbly Makerspace and within 15 feet of any entrance or openable window. This prohibition applies to every person on the premises — members, guests, instructors, contractors, and staff. There are no member-only exemptions, and no Asmbly-issued permission can override this.

Asmbly falls within Chapter 10-6 on two independent grounds. First, it is a workplace as defined in § 10-6-1 — an enclosed area where employees work or have access during the course of their employment; Asmbly has paid staff and contracted instructors. Second, it functions as a public place: although membership-based, Asmbly is open to any member of the public who applies and pays dues, the same way gyms, fitness studios, and other membership facilities have been treated as public places under SIPPO since 2005.

Authority — Austin City Code Chapter 10-6, "Smoking in Public Places" (SIPPO):

Specific sections called out:

• § 10-6-2(A) — A person commits an offense if the person smokes in a public place.
• § 10-6-2(C) — A person commits an offense if the person smokes in an enclosed area of a workplace.
• § 10-6-2(D) — A person commits an offense if the person smokes within 15 feet from an entrance or openable window of an enclosed area in which smoking is prohibited.
• § 10-6-2(E) — The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking.
• § 10-6-5 — Employers must provide a smoke-free workplace and must notify each employee in writing that smoking is prohibited.
• § 10-6-8 — The operator of a public place or workplace shall conspicuously post No Smoking signs at every entrance and in each area where smoking is prohibited.
• § 10-6-11 — A violation is a Class C misdemeanor punishable by a fine up to $2,000 per offense.

No exemption applies to Asmbly. The "fraternal organization" exemption in § 10-6-3(A)(7) does not apply: "fraternal organization" is a legal term of art referring to lodge-system organizations classified under IRS § 501(c)(8) or § 501(c)(10) — Masons, Elks, Knights of Columbus, and similar. Asmbly is a 501(c)(3) educational nonprofit and does not operate under a parent/subordinate lodge structure.

Report violations to facilities@asmbly.org

Sources:

Austin City Code, Chapter 10-6 (full ordinance text): https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT10PUHESESA_CH10-6SMPUPL

Austin Public Health, "Smoking in Public Places" program page: https://www.austintexas.gov/department/smoking-public-places

Austin Public Health SIPPO Community Q&A document: https://www.austintexas.gov/sites/default/files/files/Health/sippocommques.pdf

City of Austin no-smoking sign template (compliant with § 10-6-8): https://www.austintexas.gov/sites/default/files/files/2017SIPPO.PDF

For interpretation questions, contact Austin Public Health Environmental Health Services Division at 512-978-0300.