[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.
PROPRIETOR
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;
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.
RESTAURANT
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.
SMOKING
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
[R.O. 2012 §225.030; CC 1992 §11-27; Ord. No. 2067 §1, 9-15-1992]
A. The following shall be offenses under the ordinances of this community, and shall be punishable as provided in Section
100.150 of this Code:
1. No person shall smoke in a public place or in a public meeting except
in a designated smoking area.
2. No proprietor or other person in charge of a public place or public
meeting shall permit, cause, suffer or allow a person to smoke in
those areas where smoking is prohibited.
[R.O. 2012 §225.040; CC 1992 §11-28; Ord. No. 2067 §2, 9-15-1992]
A. 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; and
4. 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. 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.
B. 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.