[R.O. 1992 § 260.010; Ord. No. 13-11119 § 1, 3-18-2013]
The following words and phrases,
whenever used in this Chapter, shall be construed as defined in this
Section:
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.
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, 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.
Any electronic oral device, such as one composed of a heating
element, battery, and/or electronic circuit, which provides a vapor
of nicotine or any other substances, and the use or inhalation of
which simulates smoking. The term shall include any such device, whether
manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar,
e-pipe, or under any other product name or descriptor.
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit.
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.
All space between a floor and a ceiling that is bounded on
at least 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. An “enclosed area”
shall not include a smoking shelter as defined herein.
[Ord. No.
13-11132 § 1, 5-6-2013]
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.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, is devoted to the on-premises
smoking of tobacco or other substances through one (1) or more pipes
(commonly known as a "hookah," "waterpipe," "shisha" or "narghile")
designed with a tube passing through an urn of water that cools the
smoke as it is drawn through it, including, but not limited to, establishments
known variously as hookah bars, hookah lounges or hookah cafes.
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, 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 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. The organization
has established bylaws and/or a constitution to govern its activities.
The organization has been granted an exemption from the payment of
Federal income tax as a club under 26 U.S.C. § 501.
A business that is primarily devoted to the manufacturing
or production of pipes used for the smoking of tobacco or other plant
products and that derives at least ninety percent (90%) of its gross
quarterly sales revenue from the sale of such pipes. A restaurant,
bar, hookah lounge, or other business primarily devoted to the sale
of food, alcoholic beverages, or tobacco products is not a "pipe factory"
for the purposes of this Chapter.
An area under the control of a public or private employer,
including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways, construction sites, temporary offices, and vehicles.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care, or health care facility.
Any park or recreational area designed in part to be used
by children that has play or sports equipment installed or that has
been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds or on
City grounds.
An 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 child care, adult day
care, or health care facility.
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.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
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, in any manner or in any
form. "Smoking" also includes the use of an e-cigarette which creates
a vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking
in this Chapter.
An accessory structure that meets all applicable provisions
of the Zoning and Building Codes, with a maximum size of two hundred
(200) square feet, that is detached from principal buildings, that
is located more than ten (10) feet from the main entrance of public
places and places of employment, in which there is no service, possession
or consumption of food or alcoholic beverages, and that is no more
than eighty-five percent (85%) enclosed at any time. The percentage
of enclosure shall be calculated based on the elevation area below
the roof of all elevations. For calculation purposes, screens are
not considered to be enclosures, but louvers, windows and other solid
materials qualify as enclosures. No other wall, fence, roof overhang
or other obstruction of any kind may be located within five (5) feet
of the openings if it has the effect of blocking the free flow of
air through the required opening.
[Ord. No.
13-11132 § 1, 5-6-2013]
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.
[R.O. 1992 § 260.020; Ord. No. 13-11119 § 2, 3-18-2013]
All enclosed areas, including buildings
and vehicles owned, leased, or operated by the City of Washington,
Missouri, shall be subject to the provisions of this Chapter.
[R.O. 1992 § 260.030; Ord. No. 13-11119 § 3, 3-18-2013]
A.
Smoking shall be prohibited in all enclosed
public places within the City of Washington, Missouri, including,
but not limited to, the following places:
1.
Aquariums, galleries, libraries,
and museums.
2.
Areas available to 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.
3.
Bars.
4.
Bingo facilities.
5.
Child care and adult day care facilities.
6.
Convention facilities.
7.
Educational facilities, both public
and private.
8.
Elevators.
9.
Gaming facilities.
10.
Health care facilities.
11.
Hotels and motels except in designated
private rooms allowed for smoking and rented to guests.
12.
Lobbies, hallways, and other enclosed
common areas in apartment buildings, condominiums, trailer parks,
retirement facilities, nursing homes, and other multiple-unit residential
facilities.
13.
Polling places.
14.
Public transportation vehicles, including
buses and taxicabs, under the authority of the City, and ticket, boarding,
and waiting areas of public transportation facilities, including bus,
train, and airport facilities.
15.
Restaurants.
16.
Restrooms, lobbies, reception areas,
hallways, and other common-use areas.
17.
Retail stores.
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
or a political subdivision of the State, to the extent the place is
subject to the jurisdiction of the City.
19.
Shopping malls.
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. 1992 § 260.040; Ord. No. 13-11119 § 4, 3-18-2013]
A.
Smoking shall be prohibited in all enclosed
areas of places of employment without exception. This includes, without
limitation, common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities,
cafeterias, employee lounges, stairs, restrooms, vehicles, 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. 1992 § 260.050; Ord. No. 13-11119 § 5, 3-18-2013]
Smoking shall be prohibited in all
membership clubs as defined by this Chapter.
[R.O. 1992 § 260.060; Ord. No. 13-11119 § 6, 3-18-2013]
A.
Smoking shall be prohibited in the following
enclosed residential facilities:
1.
All private and semiprivate rooms
in nursing homes.
2.
Until January 22, 2017, at least
eighty percent (80%) of hotel and motel sleeping 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. After January
22, 2017, one hundred percent (100%) of hotel and motel sleeping rooms
that are rented to guests.
[Ord. No.
14-11226 § 1, 1-6-2014]
[R.O. 1992 § 260.070; Ord. No. 13-11119 § 7, 3-18-2013]
A.
Smoking shall be prohibited in the following
outdoor public places:
1.
Within a reasonable distance of ten
(10) feet outside the main entrance and ventilation systems of enclosed
areas where smoking is prohibited, so as to prevent tobacco smoke
from entering those areas.
2.
In and within twenty (20) feet of
bleachers and grandstands for use by spectators at sporting and other
public events.
3.
In, and within twenty (20) feet of,
all outdoor playgrounds.
[R.O. 1992 § 260.080; Ord. No. 13-11119 § 8, 3-18-2013; Ord.
No. 14-11226 § 2, 1-6-2014; Ord. No. 15-11350 § 1, 1-5-2015]
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, unless used as
a child-care, adult day-care or health-care facility.
2.
Until January 22, 2017, not more
than twenty percent (20%) of hotel and motel sleeping 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. This exemption
shall expire on January 22, 2017.
3.
A pipe factory that as of January
22, 2013, was operating as a pipe factory, if all of the following
requirements are met:
a.
The smoking involves the smoking
of a pipe manufactured or produced on the premises and occurs as part
of a customer demonstration in an area of the pipe factory that is
used only for this purpose.
b.
Smoke from the specified area of
the pipe factory does not infiltrate into enclosed areas where smoking
is otherwise prohibited by this Chapter.
c.
The pipe factory shares no common
walls with other establishments or businesses.
d.
The pipe factory satisfactorily reports
on a quarterly basis to the City the quarterly gross sales revenue
generated from the sale of pipes as a percentage of overall quarterly
gross revenue. The City shall determine whether any additional documentation
is required to authenticate or verify revenue data submitted by the
pipe factory.
e.
Any pipe factory that fails to satisfy
any of the requirements identified above, including the gross revenue
requirements, in any one (1) quarter shall immediately lose its exemption
and shall not be eligible for the exemption in the future.
4.
Until January 22, 2017, testing of
e-cigarettes in retail stores that sell only e-cigarettes and the
liquid that is vaporized when using an e-cigarette, commonly known
as "e-liquid," "e-juice," "smoke juice" or "vapor." Serving of alcoholic
beverages for consumption by guests on the premises and giving or
offering for sale food to the public, guests, or employees shall be
prohibited.
[R.O. 1992 § 260.090; Ord. No. 13-11119 § 9, 3-18-2013]
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 260.100(A)(1) is posted.
[R.O. 1992 § 260.100; Ord. No. 13-11119 § 10, 3-18-2013]
A.
The owner, operator, manager, or other
person in control of a public place or place of employment where smoking
is prohibited by this Chapter shall:
1.
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) in that place.
2.
Clearly and conspicuously post at
every entrance to that place a sign stating that smoking is prohibited.
3.
Clearly and conspicuously post on
every vehicle that constitutes a place of employment under this Chapter
at least one (1) sign, visible from the exterior of the vehicle, stating
that smoking is prohibited.
4.
Remove all ashtrays from any area
where smoking is prohibited by this Chapter, except for ashtrays displayed
for sale and not for use on the premises.
[R.O. 1992 § 260.110; Ord. No. 13-11119 § 11, 3-18-2013]
A.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Notwithstanding Section 260.130, violation of this Subsection shall be punishable by a fine not to exceed five hundred dollars ($500.00) for each violation.
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. 1992 § 260.120; Ord. No. 13-11119 § 12, 3-18-2013]
A.
Notice of the provisions of this Chapter
shall be given to all applicants for a business license in the City
of Washington, Missouri.
B.
Any citizen who desires to register a complaint
under this Chapter may initiate enforcement with the Police Department.
C.
The City Administrator, the Engineering
and Building Department or their designees shall, while an establishment
is undergoing otherwise mandated inspections, inspect for compliance
with this Chapter.
D.
An owner, manager, operator, or employee
of an area regulated by this Chapter shall direct a person who is
smoking in violation of this Chapter to extinguish the product being
smoked. If the person does not stop smoking, the owner, manager, operator,
or employee shall refuse service and shall immediately ask the person
to leave the premises. If the person in violation refuses to leave
the premises, the owner, manager, operator, or employee shall contact
the Police Department.
[R.O. 1992 § 260.130; Ord. No. 13-11119 § 13, 3-18-2013]
A.
A person who smokes in an area where smoking
is prohibited by the provisions of this Chapter shall be punishable
by a fine not exceeding fifty dollars ($50.00).
B.
Except as otherwise provided in Section 260.110(A), 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 punishable by:
C.
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
issued to the person for the premises on which the violation occurred.
D.
Each day on which a violation of this Chapter
occurs shall be considered a separate and distinct violation.
[R.O. 1992 § 260.140; Ord. No. 13-11119 § 14, 3-18-2013; Ord.
No. 14-11226 § 3, 1-6-2014]
Notwithstanding anything contained
herein to the contrary, this Chapter shall not be applicable to any
hookah lounge until January 22, 2017.
