[Ord. No. 736 §§1 —
2, 10-11-1993]
A.
Legislative Intent.
1.
The Board of Aldermen hereby finds that the effects of smoke generated
by the smoking of cigarettes, cigars, pipes and similar articles pose
a damage to the health, safety and well-being of persons who do not
smoke.
2.
The Board of Aldermen further finds that the Surgeon General's report
on smoking hazards link high levels of involuntary smoke exposure
to reduced breathing ability in passive smokers and other health dangers
and therefore further buttress the need to provide protection to non-smokers
in public settings.
3.
The Board of Aldermen further finds that the smoking of tobacco is
a positive danger to health and a cause of material annoyance, inconvenience
and discomfort to those who are present in confined places.
4.
The Board of Aldermen further finds that the General Assembly of
the State Missouri has recently enacted the Clean Indoor Air Act of
1992, pursuant to which certain conduct of smokers and of persons
permitting, causing, suffering or allowing smoking in public places
or public meetings, as therein defined, is designated an infraction;
and, therefore, the purpose of this Section is to place reasonable
limitations on smoking within certain areas in the City of Pine Lawn,
Missouri, while striking a reasonable balance between the health needs
of all non-smoking individuals, the rights of smokers and the imposition
of regulatory burdens on businesses and to provide for the implementation
and enforcement of the Clean Indoor Air Act of 1992 within the City
of Pine Lawn, Missouri.
B.
BAR or TAVERN
ENCLOSED and ENCLOSURE
INDOOR SERVICE LINE
OTHER PERSON IN CHARGE
PERSON
PROPRIETOR
PUBLIC MEETING
PUBLIC PLACE
1.
2.
3.
4.
5.
6.
7.
8.
9.
RESTAURANT
SMOKING
Definitions. As
used herein, the following terms shall mean:
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.
Places closed in by a roof and four (4) walls with appropriate
openings for ingress and egress.
Any service line located within retail or other public establishments
in which more than one (1) person is giving or receiving services
of any kind. This would include, but not be limited to, such retail
or public establishments as restaurants, banks, grocery stores, supermarkets,
department stores, clothing stores, shoe stores and the like.
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, workplace or public meeting at any given time.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association or other
business organization of any kind.
The party who ultimately controls, governs or directs the
activities within the public place, workplace or public meeting, 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
or public meeting. The term "proprietor" shall apply
to a corporation as well as to an individual.
A gathering in person of members of a governmental body,
whether in open or closed session, as defined in Chapter 610, RSMo.
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;
Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls.
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.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
C.
Prohibited Activities.
1.
A person shall not smoke in a public place or in a public meeting
except in a designated smoking area.
2.
A smoking area may be designated by persons having custody or control
of public places, except in places in which smoking is prohibited
by the Fire Marshal or by other law ordinance or regulation, including
the provisions of this Section and any smoking policy promulgated
by the City for the employees of the City.
3.
No public place shall have more than thirty percent (30%) of its
entire space designated as a smoking area.
4.
A proprietor or other person in charge of a restaurant shall designate
an area of sufficient size to accommodate usual and customary demand
for non-smoking areas by customer or patrons. Smoking is prohibited
in every publicly or privately owned restaurant, coffee shop, cafeteria,
short-order cafe, luncheonette, sandwich shop, soda fountain or other
eating establishment serving food, the occupied capacity of which
is more than twenty (20) and less than fifty (50) customers excluding
from the calculation of capacity any portion of such facility which
is located outdoors and any portion of such facility which is utilized
for bar purposes.
5.
Smoking is prohibited in places of public assembly in which public
business of the City is conducted, including hearing rooms, conference
rooms and meeting rooms which require or provide direct participation
or observation by the general public.
6.
Smoking is prohibited throughout the portions of all retail or other
public establishments involving indoor service lines.
7.
Smoking is prohibited throughout all gymnasiums, public libraries,
child care facilities and elementary and secondary schools.
D.
Exceptions. The following areas are not considered a public
place:
1.
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;
2.
Limousines for hire and taxicabs where the driver and all passengers
agree to smoking in such vehicle;
3.
Performers on the stage, provided that the smoking is part of the
production;
4.
A place where more than fifty percent (50%) of the gross sales receipts,
volume of trade or business carried on is that of the blending of
tobaccos or sale of tobaccos, cigarettes, pipes, cigars or smoking
sundries;
5.
Bars, taverns, restaurants that seat less than fifty (50) people,
bowling alleys and billiard parlors which conspicuously post signs
stating that "Non-smoking Areas are Unavailable";
6.
Private residences; and
7.
Any enclosed indoor area, stadium or other facility which may be
used for sporting events and which has a seating capacity of more
than fifteen thousand (15,000) persons.
E.
Actions Required Of Proprietors Of Public Places And Public Meetings.
The person having custody or control of a public place or public
meeting shall:
1.
Make reasonable efforts to prevent smoking in the public place or
public meeting by posting appropriate signs indicating no-smoking
or smoking areas and arrange seating accordingly. These signs shall
be placed at a height and location easily seen by a person entering
the public place or public meeting and not obscured in any way;
2.
Arrange seating and utilize available ventilation systems and physical
barriers to isolate designated smoking areas;
3.
Make a reasonable request of persons smoking to move to a designated
smoking area;
4.
Allow smoking only in designated areas of theater lobbies;
5.
Notwithstanding any other provisions of this Section, any owner or
person in charge of a business establishment may designate the facility
as a non-smoking area in its entirety.
F.
Enforcement. The following persons shall be guilty of an
infraction:
1.
A person who smokes in those areas where smoking is prohibited pursuant
to the provisions of this Section or otherwise pursuant to law;
2.
A proprietor or other person in charge of a public place or public
meeting who permits, causes, suffers or allows a person to smoke in
those areas where smoking is prohibited pursuant to the provisions
of this Section or otherwise pursuant to law;
3.
Any person committing an infraction under this Section shall be punished
by a fine not to exceed twenty-five dollars ($25.00) for the first
(1st) offense, one hundred dollars ($100.00) for the second (2nd)
offense and two hundred dollars ($200.00) for the third (3rd) and
any subsequent offense.
