Definitions. The following words and phrases, whenever used
in this Section, shall have the meanings ascribed to them in this
Subsection:
BAR
An establishment 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,
limited liability company (LLC), 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.
CASINO
An excursion gambling boat licensed or regulated by the Missouri
Gaming Commission under provisions of Sections 313.800 to 313.850
of the Revised Statutes of the State of Missouri, as amended.
CIGAR BAR
A business with a permit to sell alcoholic beverages that
generates twenty-five percent (25%) or more of its quarterly gross
revenue from the sale of cigars, pipes, pipe tobacco, humidors and/or
the rental of humidor space, has a humidor on the premises, and does
not allow any individuals under eighteen (18) years of age to enter
the establishment.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
in any manner for the purpose of inhaling vapor or aerosol from the
product. The term shall include any such device, whether manufactured,
distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit or 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
Encompassing all space between a floor and a ceiling that
is bounded on more than two (2) sides by walls, doorways, or windows,
whether open or closed. A wall includes any retractable divider, garage
door, or other physical barrier, whether temporary or permanent and
whether or not containing openings of any kind.
GAMBLING FACILITY
Any establishment where individuals may participate in bingo,
gambling games of skill or chance on an excursion gambling boat, pari-mutuel
wagering or any other form of gambling approved by amendment to the
Missouri Constitution, including sports gambling.
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, semiprivate rooms, and
wards within health care facilities.
HOOKAH
A water pipe and any associated products and devices which
are used to produce fumes, smoke, and/or vapor from the burning of
material, including, but not limited to, tobacco, shisha, or other
plant matter.
MEMBERSHIP CLUB
The facilities owned, operated, or leased by any organization,
whether incorporated or not, which:
10.802.1.
Is the owner, lessee, or occupant of a building or portion thereof
used exclusively for club purposes at all times;
10.802.2.
Is operated solely for a congressionally chartered veterans
organization or for a recreational, fraternal, social, patriotic,
political, benevolent, charitable, or athletic purpose, but not for
pecuniary gain, and which only sells alcoholic beverages incidental
to its operation;
10.802.3.
The affairs and management of the organization are conducted
by a board of directors, executive committee, or similar body chosen
by the members at an annual meeting;
10.802.4.
Has established bylaws and/or a constitution to govern its activities;
and
10.802.5.
Has been granted an exemption from the payment of Federal income
tax as a club under 26 U.S.C. Section 501.
PLACE OF EMPLOYMENT
An area under the control of a public employer or private
employer, including, but not limited to, work areas, private offices,
employee lounges, restrooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, temporary offices, and vehicles leased,
owned, or operated by the employer. Any child care, adult day care,
group home or health care facility shall be considered a place of
employment, whether located in a public place or private residence.
PUBLIC PLACE
An area to which the public is invited or in which the public
is permitted, including, but not limited to, banks, bars, educational
facilities, gambling facilities, health care facilities, hotels and
motels, laundromats, membership clubs, parking structures, 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.
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 that generates twenty-five percent (25%) or
more of its gross annual revenue from the sale of tobaccos, including
but not limited to snuff tobacco, chewing tobacco, or dipping tobacco,
pipes, cigars, cigarettes, smoking sundries, electronic smoking devices,
or vapor cartridges or other containers of liquid that are intended
to be used with or in an electronic smoking device, and in which the
sale of other products is incidental.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco
or plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form. "Smoking''
shall not include the use of an electronic smoking device which creates
an aerosol or vapor, in any manner or in any form, or smokeless tobacco,
non-tobacco and non-plant products.
SPORTS ARENA
A place where people assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events,
including sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, and bowling alleys.