City of Green Park, MO Regulation of Public Smoking

[Ord. No. 45 §1(A), 6-8-1995]

As used in this Chapter, the following terms shall have the meanings as set out herein:

Any licensed establishment which serves liquor on the premises for which not more than ten percent (10%) of the gross sales receipts of the business are supplied by food purchases, either for consumption on the premises or elsewhere.

OTHER PERSON IN CHARGE

The agent of the proprietor authorized to give administrative directions to and general supervision of the activities within the public place at any given time.

PROPRIETOR

The party who ultimately controls, governs or directs the activities within the public place, regardless of whether he/she is the owner or lessor of such place or site. The term does not mean the owner of the property unless he/she ultimately controls, governs or directs the activities within the public place. The term "proprietor" shall apply to a corporation as well as an individual.

PUBLIC PLACE

Any enclosed indoor area used by the general public or serving as a place of work:

Including, but not limited to:

Any retail or commercial establishments;

Health care facilities, health clinics or ambulatory care facilities including but not limited to, laboratories associated with health care treatment, hospitals, nursing homes, physicians' offices and dentists' offices;

Any vehicle used for public transportation including, but not limited to, buses, taxicabs and limousines for hire;

Rest rooms;

Elevators;

Libraries, educational facilities, day care facilities, museums, auditoriums and art galleries;

All public areas and waiting rooms of public transportation facilities including, but not limited to, bus and airport facilities;

Any enclosed indoor place used for entertainment or recreation including, but not limited to, gymnasiums, theater lobbies, concert halls, arenas and swimming pools; and

Any other enclosed indoor areas used by the general public including, but not limited to, corridors and shopping mails; but,

Not including the following areas:

An entire room or hall which is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or other person in charge;

Limousines for hire and taxicabs, where the driver and all passengers agree to smoking in such vehicle;

Performers on the stage, provided that the smoking is part of the production;

A place where more than fifty percent (50%) of the volume of trade or business carried on is that of the blending of tobaccos or the sale of tobaccos, cigarettes, pipes, cigars or smoking sundries;

Private residences;

Those portions of public places to which the public is not commonly admitted without specific consent or invitation of the proprietor or other person in charge and which are separated from public areas by a floor-to-ceiling solid wall or solid divider;

Bars, taverns, bowling alleys, and billiard parlors, provided that the proprietor or other person in charge conspicuously posts signs stating that "Non-Smoking Areas are Unavailable"; and

Restaurants which seat less than fifty (50) people, provided that the proprietor or other person in charge conspicuously posts signs stating that "Non-Smoking Areas Are Unavailable" and provided further that the restaurant is equipped with and continuously operates during business hours a mechanical ventilation system that provides a change of air every twelve (12) minutes or as required by the ASHRAE Handbook of Fundamentals, or with such other devices as may achieve an equivalent air cleaning level. The proprietor or other person in charge of a restaurant seeking exemption under this Subsection shall file with the City Engineer such materials as may be required to confirm that the establishment is equipped with and operates air circulation or cleaning equipment sufficient to satisfy the standards outlined herein.

RESTAURANT

Any building, structure or area used, maintained or advertised as or held out to the public to be an enclosure where meals for consideration of payment are made available to be consumed on the premises.

SMOKING

Possession of burning tobacco in the form of a cigarette, cigar, pipe or other smoking equipment.

[Ord. No. 45 §1(C), 6-8-1995]

The person having custody or control of a public place shall:

Make reasonable efforts to prevent smoking in the public place by prominently posting "Smoking" or "No Smoking" signs, whichever is appropriate, with letters of not less than one (1) inch in height or with the international "NO SMOKING" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a bar across it, at each public access to an area where smoking is prohibited. These signs shall be placed at a height and location easily seen by a person entering the public place and shall not be obscured in any way.

Arrange seating and utilize available ventilation systems and physical barriers to isolate designated smoking areas.

Make a reasonable request of persons smoking to move to a designated smoking area.

Limit smoking in theaters exclusively to designated areas of theater lobbies.