Cross References — As to animals and fowl, ch. 210; as to building codes and building regulations, ch. 500; as to dangerous buildings and structures, ch. 505; as to garbage, trash, solid waste and composting, ch. 240; as to public safety offenses, §§215.230 et seq.; as to nuisance abatement procedure, §220.010; as to water and sewers, Title VII.
[R.O. 2012 §225.010; CC 1992 §11-26; Ord. No. 2067 §§3 — 4, 9-15-1992]
The following words, terms, or phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- BAR OR TAVERN
- 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, work place or public meeting at any given time.
- The party who ultimately controls, governs or directs the activities within the public place, work place 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 an individual.
- PUBLIC MEETING
- A gathering in person of members of a governmental body, whether an open or closed session, as defined in Chapter 610, RSMo.
- PUBLIC PLACE
- Any enclosed indoor area used by the general public or serving as a place of work including, but not limited to:
- 1. Any retail or commercial establishment;
- 2. 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;
- 3. Any vehicle used for public transportation including, but not limited to, buses, taxicabs and limousines for hire;
- 4. Restrooms;
- 5. Elevators;
- 6. Libraries, educational facilities, day care facilities, museums, auditoriums and art galleries;
- 7. All public areas and waiting rooms of public transportation facilities including, but not limited to, bus and airport facilities;
- 8. Any enclosed indoor place used for entertainment or recreation including, but not limited to, gymnasiums, theater lobbies, concert halls, arenas and swimming pools; and
- 9. 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.
[R.O. 2012 §225.020]
The following areas are not considered a public place:
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;
Any place where more than fifty percent (50%) of the volume of trade or business carried on is that of the blending of tobaccos or sale of tobaccos, cigarettes, pipes, cigars or smoking sundries;
Any bar, tavern or restaurant that seats less than fifty (50) people, any bowling alley or any billiard parlor, provided such establishment conspicuously posts at least two (2) signs stating that "Non-smoking areas are unavailable";
Private residences; and
Any enclosed indoor arena, 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.
[R.O. 2012 §225.030; CC 1992 §11-27; Ord. No. 2067 §1, 9-15-1992]
The following shall be offenses under the ordinances of this community, and shall be punishable as provided in Section 100.150 of this Code:
[R.O. 2012 §225.040; CC 1992 §11-28; Ord. No. 2067 §2, 9-15-1992]
The person having custody or control of a public place or public meeting shall:
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;
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; and
Allow smoking in designated areas of theater lobbies only.
[R.O. 2012 §225.050; CC 1992 §11-29; Ord. No. 2067 §5, 9-15-1992]
A smoking area may be designated by persons having custody or control of public places, except in places in which smoking is prohibited by other laws, ordinances or regulation. No public place shall have more than thirty percent (30%) of its entire space designated as a smoking area.
Restaurants. 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 customers or patrons.