[R.O. 2008 § 260.010; Ord. No. 5701 § 1, 4-19-2011]
The following words and phrases,
whenever used in this Chapter, 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.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered; and private
clubs.
CIGAR
Any individual roll of tobacco that has a wrapper or cover
consisting only of tobacco, that measures a number forty (40) ring
size or larger, and that is sold without a filter.
CIGAR BAR
An establishment with a permit to sell alcoholic beverages
that:
1.
Generates sixty percent (60%) or
more of its quarterly gross revenue from the sale of alcoholic beverages
and twenty-five percent (25%) or more of its quarterly gross revenue
from the sale of cigars;
2.
Has a humidor on the premises;
3.
Is located in a freestanding structure
occupied solely by the cigar bar and does not open into any enclosed
area where smoking is prohibited by this Chapter; and
4.
Does not allow minors to enter the
premises.
Revenue generated from other tobacco
sales, including cigarette vending machine sales, shall not be used
to determine whether an establishment satisfies the definition of
a cigar bar.
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EMPLOYEE
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit and a person who volunteers
his or her services for a non-profit entity.
EMPLOYER
A person, business, partnership, association, corporation,
including a municipal corporation, trust or non-profit entity that
employs the services of one (1) or more individual persons.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on
all sides by permanent or temporary walls or windows (exclusive of
doorways), which extend from the floor to the ceiling.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases,
whether physical, mental or emotional, or other medical, physiological
or psychological conditions including, but not limited to, hospitals,
rehabilitation hospitals or other clinics, including weight-control
clinics, nursing homes, long-term care facilities, homes for the aging
or chronically ill, laboratories and offices of surgeons, chiropractors,
physical therapists, physicians, psychiatrists, dentists and all specialists
within these professions. This definition shall include all waiting
rooms, hallways, private rooms, semi-private rooms and wards within
health care facilities.
PLACE OF EMPLOYMENT
An area under the control of a public or private employer
that employees normally frequent during the course of employment including,
but not limited to, work areas, private offices, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways and vehicles. A private residence is not a "place of employment"
unless it is used as a licensed child care, licensed adult day care
or licensed health care facility.
PRIVATE CLUB
A not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veterans' organization, which has a defined
membership and restricts admission to members of the club and their
guests and which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent, or athletic purpose, but
not for pecuniary gain, and which only sells alcoholic beverages incidental
to its operation. The organization has been granted an exemption from
the payment of Federal income tax as a club under 26 U.S.C. § 501.
Private club shall not include an establishment that is generally
open to members of the general public upon payment of a fee. A private
club shall be considered a "public place" when it is the site of a
meeting, event or activity that is open to the public.
PUBLIC PLACE
An enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, bars,
educational facilities, gaming facilities, health care facilities,
hotels and motels, laundromats, public transportation vehicles and
facilities, reception areas, restaurants, retail food production and
marketing establishments, retail service establishments, retail stores,
shopping malls, sports arenas, theaters and waiting rooms. A private
residence is not a "public place" unless it is used as a licensed
child care, licensed adult day care or licensed health care facility.
RESTAURANT
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which gives or offers 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 a bar area within the restaurant.
RETAIL TOBACCO STORE
A retail store used primarily for the sale of tobacco products
and accessories and where more than seventy percent (70%) of the volume
of trade or business carried on there is that of the blending of tobaccos
or sales of tobaccos, cigarettes, pipes, cigars or smoking sundries
and in which the sale of other products is incidental. Does not include
a tobacco department of a larger commercial establishment such as
a department store, discount store or bar or retail stores used primarily
for the sale of smoking materials.
SERVICE LINE
An indoor line in which one (1) or more persons are waiting
for or receiving service of any kind, whether or not the service involves
the exchange of money, including, but not limited to, ATM lines, concert
lines, food vendor lines, movie ticket lines and sporting event lines.
SMOKING
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette or pipe in any manner or in any form.
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys and other
similar places where members of the general public assemble to engage
in physical exercise, participate in athletic competition or witness
sports or other events.
[R.O. 2008 § 260.020; Ord. No. 5701 § 2, 4-19-2011]
All enclosed facilities, including
buildings leased or operated by the City of O'Fallon, shall be subject
to the provisions of this Chapter. Smoking is prohibited in City vehicles.
[R.O. 2008 § 260.030; Ord. No. 5701 § 3, 4-19-2011]
A. Smoking shall be prohibited in all enclosed
public places within the City of O'Fallon including, but not limited
to, the following places:
1.
Aquariums, galleries, libraries and
museums.
2.
Areas available to and customarily
used by the general public in businesses and non-profit entities patronized
by the public, including, but not limited to, banks, laundromats,
professional offices and retail service establishments.
5.
Licensed child care and licensed
adult daycare facilities.
7.
Educational facilities, both public
and private.
11.
Hotels and motels except in designated
private rooms allowed for smoking and rented to guests.
12.
Lobbies, hallways and other common
areas in apartment buildings, condominiums, trailer parks, retirement
facilities, nursing homes and other multiple-unit residential facilities.
14.
Public transportation vehicles, including
buses and taxicabs, under the authority of the City of O'Fallon and
ticket, boarding and waiting areas of public transportation facilities,
including bus, train and airport facilities.
16.
Restrooms, lobbies, reception areas,
hallways and other common-use areas.
18.
Rooms, chambers, places of meeting
or public assembly, including school buildings, under the control
of an agency, board, commission, committee or Council of the City
of O'Fallon or a political subdivision of the State, to the extent
the place is subject to the jurisdiction of the City of O'Fallon.
20.
Sports arenas, including enclosed
places in outdoor arenas.
21.
Theaters and other facilities primarily
used for exhibiting motion pictures, stage dramas, lectures, musical
recitals or other similar performances.
[R.O. 2008 § 260.040; Ord. No. 5701 § 4, 4-19-2011]
A. Smoking shall be prohibited in all enclosed
facilities within places of employment in the following areas. This
includes common work areas, auditoriums, classrooms, conference and
meeting rooms, private offices, elevators, hallways, medical facilities,
cafeterias, employee lounges, stairs, restrooms and all other enclosed
facilities.
B. This prohibition on smoking shall be communicated
to all existing employees by the effective date of this Chapter and
to all prospective employees upon their application for employment.
[R.O. 2008 § 260.050; Ord. No. 5701 § 5, 4-19-2011]
A. Smoking shall be prohibited in the following
enclosed residential facilities:
1.
All private and semi-private rooms
in nursing homes.
2.
At least eighty percent (80%) of
hotel and motel rooms that are rented to guests. Designated non-smoking
hotel rooms shall have signage outside the hotel room saying the room
is a non-smoking room.
[R.O. 2008 § 260.060; Ord. No. 5701 § 6, 4-19-2011]
Smoking shall be prohibited in the
following outdoor places: Within a reasonable distance of three (3)
feet outside entrances, operable windows and ventilation systems of
enclosed areas where smoking is prohibited, so as to ensure that tobacco
smoke does not enter those areas.
[R.O. 2008 § 260.070; Ord. No. 5701 § 7, 4-19-2011]
A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of Sections
260.030 and
260.040:
1.
Private residences, except when used as a licensed child care, licensed adult daycare or licensed health care facility and except as provided in Section
260.050.
2.
Not more than twenty percent (20%)
of hotel and motel rooms rented to guests and designated as smoking
rooms. All smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into areas where smoking
is prohibited under the provisions of this Chapter. The status of
rooms as smoking or non-smoking may not be changed, except to add
additional non-smoking rooms.
3.
Private clubs that have no employees,
except when being used for a function to which the general public
is invited; provided that smoke from such clubs does not infiltrate
into areas where smoking is prohibited under the provisions of this
Chapter. This exemption shall not apply to any organization that is
established for the purpose of avoiding compliance with this Chapter.
4.
Outdoor areas of places of employment except those covered by the provisions of Section
260.060.
5.
A cigar bar, provided that smoke
does not infiltrate into areas where smoking is otherwise prohibited
under this Chapter. To qualify for this exemption, a cigar bar must
satisfactorily report on a quarterly basis to the City of O'Fallon
on a form prescribed by the City of O'Fallon, the revenue generated
from the sale of alcoholic beverages and cigars as a percentage of
quarterly gross revenue. This exemption shall not apply to any business
that is established for the purpose of avoiding compliance with this
Chapter.
6.
Retail tobacco stores as defined
by this Chapter and provided that smoke does not infiltrate into areas
where smoking is otherwise prohibited. This exemption shall not apply
to any business that is established for the purpose of avoiding compliance
with this Chapter.
[R.O. 2008 § 260.080; Ord. No. 5701 § 8, 4-19-2011]
Notwithstanding any other provision of this Chapter, an owner, operator, manager or other person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section
260.090(A) is posted.
[R.O. 2008 § 260.090; Ord. No. 5701 § 9, 4-19-2011]
A. "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)
shall be clearly and conspicuously posted at every entrance in every
public place and place of employment where smoking is prohibited by
this Chapter by the owner, operator, manager or other person in control
of that place.
B. All ashtrays shall be removed from any
area where smoking is prohibited by this Chapter by the owner, operator,
manager or other person having control of the area.
[R.O. 2008 § 260.100; Ord. No. 5701 § 10, 4-19-2011]
A. No person or employer shall discharge,
refuse to hire or in any manner retaliate against an employee, applicant
for employment or customer because that employee, applicant or customer
exercises any rights afforded by this Chapter or reports or attempts
to prosecute a violation of this Chapter.
B. An employee who works in a setting where
an employer allows smoking does not waive or otherwise surrender any
legal rights the employee may have against the employer or any other
party.
[R.O. 2008 § 260.110; Ord. No. 5701 § 11, 4-19-2011]
A. This Chapter shall be enforced by the City
Administrator or an authorized designee.
B. Notice of the provisions of this Chapter
shall be given to all applicants for a business license in the City
of O'Fallon.
C. Any citizen who desires to register a complaint
under this Chapter may initiate enforcement with the City Administrator
or an authorized designee.
D. The Code Enforcement Officer or his/her
designee shall, while an establishment is undergoing otherwise mandated
inspections, inspect for compliance with this Chapter.
E. An owner, manager, operator or employee
of an establishment regulated by this Chapter shall inform persons
violating this Chapter of the appropriate provisions thereof.
F. In addition to the remedies provided by
the provisions of this Section, the City Administrator with the Mayor/City
Council authorization or any person aggrieved by the failure of the
owner, operator, manager or other person in control of a public place
or a place of employment to comply with the provisions of this Chapter
may apply for injunctive relief to enforce those provisions in any
court of competent jurisdiction.
R.O. 2008 § 260.120; Ord. No. 5701 § 12, 4-19-2011]
A. A person who smokes in an area where smoking is prohibited by the provisions of this Chapter shall be guilty of an infraction punishable by a fine not exceeding fifty dollars ($50.00). Except as otherwise provided in Section
260.100, a person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Chapter shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500.00).
B. In addition to the fines established by
this Section, violation of this Chapter by a person who owns, manages,
operates or otherwise controls a public place or place of employment
may result in the suspension or revocation of any permit or license
by the Mayor/City Council issued to the person for the premises on
which the violation occurred.
C. Each day on which a violation of this Chapter
occurs shall be considered a separate and distinct violation.