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City of Brentwood, MO
St. Louis County
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Table of Contents
Table of Contents
Code
New Laws (10) Index
Public Documents
Legislation (3134)
[1]
Cross References — As to mayor and board of aldermen, ch. 110; as to alcoholic beverages, ch. 600; as to buildings and building regulations, ch. 500; as to fire prevention and protection, ch. 205; as to licenses, taxation and miscellaneous business regulations, ch. 605.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
The purposes of this Article are to:
1. 
Promote public health by creating environments which reduce citizens' and workers' exposure to secondhand tobacco smoke and vapor products; and
2. 
Create tobacco-smoke and vapor-product-free environments for citizens and workers through regulation in public places and the workplace.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
The following words, terms and phrases, when used in this Article, shall be construed as defined in this Section:
BAR
An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets.
CODE ENFORCEMENT OFFICER
The Fire Marshal or his or her designee.
EMPLOYEE
Any person who performs services for an employer, with or without compensation.
EMPLOYER
A person, partnership, association, corporation, trust, or other organized group of individuals, including the City or any agency thereof, which utilizes the services of one (1) or more employees.
ENCLOSED
A space bound on all sides by walls or windows continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, lobbies, offices, rooms, all space therein screened by partitions, which do not extend to the ceiling or are not solid, office landscaping or similar structures, and hallways.
PLACE OF EMPLOYMENT
Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a child care, adult day-care or health-care facility.
PUBLIC PLACE
Any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundering facilities, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms.
RESTAURANT
An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers at no cost or for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include an attached bar.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other tobacco product, and inhaling, exhaling, or burning any vapor product.
VAPOR PRODUCTS
Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electric pipe, or similar product or device and any other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
Smoking shall be prohibited in all enclosed places of employment within the City of Brentwood.
B. 
Smoking shall be prohibited in all enclosed public places within the City of Brentwood, including but not limited to the following enclosed places:
1. 
Elevators;
2. 
Restrooms;
3. 
Libraries, educational facilities, child-care and adult day-care facilities, museums, auditoriums, aquariums and art galleries;
4. 
Any health-care facility, health clinic or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices;
5. 
Any place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, bowling alleys, arenas, health spas, swimming pools and roller and ice skating rinks;
6. 
Any place used for exhibiting a motion picture, stage drama, lecture, musical recital, or other similar performance;
7. 
Shopping malls;
8. 
Bars;
9. 
Restaurants;
10. 
Convenience facilities;
11. 
All public areas and waiting rooms of public transportation facilities, including but not limited to bus and train facilities;
12. 
All facilities, buildings, and all vehicles owned, leased or operated by the City of Brentwood;
13. 
Rooms in which meetings or hearings open to the public are held, except where such meetings or hearings are in a private residence; and
14. 
Any vehicle of public transportation, including, but not limited to, buses, limousines for hire and taxicabs;
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
A person who owns, manages, operates, or otherwise controls a place listed in Section 215.1840 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of this Article in such place. It shall be an affirmative defense to an alleged violation of this Article that a person who owns, manages, operates or otherwise controls a place listed in Section 215.1840 has asked that the lighted cigarette, cigar, pipe or other tobacco product be extinguished or asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe or other tobacco products.
B. 
A person who owns, manages, operates or otherwise controls a place listed in Section 215.1840 shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances where smoking is prohibited by this Article.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
Notwithstanding any other provision of this Article to the contrary, smoking shall be permitted in any and all places not specified in Section 215.1840. In particular, but not by limitation, the following shall not be subject to this Article.
1. 
Private residences, except when used as licensed child care facilities, adult day-care facilities, health-care facilities or enclosed places of employment.
2. 
Private vehicles.
3. 
Twenty-five percent (25%) of hotel and motel rooms may be permanently designated as smoking rooms.
4. 
Retail tobacco stores and vapor product stores that derive more than eighty percent (80%) of their total gross revenue from the sale of loose tobacco, cigarettes, cigars, pipes or other tobacco-related products and/or vapor products, and which are not merely a department or subsection of a larger commercial establishment.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
A person who smokes in an area where smoking is prohibited by this Article shall be guilty of an Article violation, punishable by a fine of twenty-five dollars ($25.00) for the first violation and fifty dollars ($50.00) for each subsequent violation.
B. 
A person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with this Article shall be guilty of an Article violation, punishable by:
1. 
A fine of fifty dollars ($50.00) for the first violation;
2. 
A fine of one hundred dollars ($100.00) for a second violation within a one-year period; and
3. 
A fine of two hundred dollars ($200.00) for a third or subsequent violation within a one-year period.
C. 
Each day on which a violation of this Article occurs shall be a separate and distinct violation.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
This Article shall be strictly construed in any interpretation of its meaning. The provisions of this Article are severable. If any provision or its application to any person or circumstance is held invalid by a court of competent jurisdiction the remaining provisions shall continue in full force and effect.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
A. 
The authority to administer the provisions of this Article is vested in the Fire Marshal.
B. 
The Code Enforcement Officer may call upon the Fire and Police Departments and other departments of the City to aid in the enforcement of the provisions of this Article.
C. 
Notice of the provisions of this Article shall be given to all applicants for a business license in the City of Brentwood, Missouri.
D. 
Any person who desires to register a complaint under this Article may initiate enforcement with the fire marshal.
[Ord. No. 4243 §§1 — 2, 8-16-2010; Ord. No. 4575 §§1 — 2, 10-20-2014]
Nothing in this Article shall be construed to limit the authority of the Fire Marshal to designate locations in which smoking may be prohibited nor to repeal any order by the Fire Marshal prohibiting smoking in any location, nor to repeal any ordinance prohibiting smoking in any location.