[CC 1991 §15-1; Ord. No. 453 §1, 4-11-1972]
The Health Commissioner of the County shall serve as Health
Commissioner of the City and shall exercise general supervision over
the public health within the City with all powers and duties appertaining
thereto according to law.
[CC 1991 §15-2; Ord. No. 453 §§2 — 4, 4-11-1972]
The Mayor is authorized to enter into on behalf of the City
a contract with the County, whereby the County shall provide the services
of trained Health Department personnel to carry out a public health
and sanitation program within the City including dog catching and
rabies control service, general sanitation and food inspection, and
such other services and activities excepting mosquito control, as
the County Health Commissioner may at any time, and from time to time,
determine to be necessary and within the facilities and capabilities
of the County's Department of Public Health; all terms and provisions
of the contract shall be such as the Mayor approves.
[1]
Editor's Note — Ord. no. 2011-1642 §1, adopted January 18, 2011, repealed sections 230.030 — 230.070 of article II "smoking regulations" and enacted new provisions set out in section 230.030. Former sections 230.030 — 230.070 derived from CC 1991 §§15-153 — 15-157; ord. no. 94-1002 §§1 — 2, 6-21-1994.
[Ord. No. 2011-1642 §1, 1-18-2011]
A.
BUSINESS
CITY
DIRECTOR OF REVENUE
DRINKING ESTABLISHMENT
EMPLOYEE
EMPLOYER
ENCLOSED AREA
PERMANENTLY DESIGNATED SMOKING ROOM
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
RESTAURANT
SERVICE LINE
SHOPPING MALL
SMOKING
SPORTS ARENA
Definitions. As used in this Section, the following terms
shall mean as follows:
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.
The City of Frontenac, Missouri.
The Director of Revenue of St Louis County.
Any business with a valid license issued by the City to sell
intoxicating liquor by the drink or to sell beer and light wine by
the drink whose on-site sales of food for consumption on the premises
comprises no more than twenty-five percent (25%) of gross sales of
food and both alcoholic and non-alcoholic beverages on an annual basis.
Any person who performs services for an employer with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City and County
or any agency thereof, which utilizes the services of at least one
(1) employee.
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one (1) time a year.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care, respite care or health care facility.
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. 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 not be considered a "public place" except when it is the
site of a meeting, event or activity that is open to the public.
Any enclosed or other area to which the public is invited
or in which the public is permitted, including, but not limited to,
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, production
and marketing establishments, retail service establishments, retail
stores, theaters and waiting rooms. A private residence is not a "public
place" unless it is used as a child care, adult day care, respite
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 provides 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 and lounge area within the restaurant.
Any indoor or outdoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
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, pipe or other tobacco product.
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition
or witness sporting events.
B.
Prohibition Of Smoking In Enclosed Places Of Employment And Other
Public Places.
1.
It shall
be unlawful for any person to possess lighted or heated smoking materials
in any form including, but not limited to, the possession of lighted
or heated cigarettes, cigars, pipes or other tobacco products, within
an enclosed place of employment.
2.
It shall
be unlawful for any person to possess lighted or heated smoking materials
in any form including, but not limited to, the possession of lighted
or heated cigarettes, cigars, pipes or other tobacco products within
an enclosed public place or within any other places hereinafter specified:
a.
In
any public building or vehicle owned or operated by the City.
b.
Elevators
in public buildings.
c.
Restrooms
in public buildings.
d.
Libraries,
educational facilities, child care and adult day care facilities,
respite care facilities, museums, auditoriums, aquariums and art galleries.
e.
Any
health care facility, health clinic or ambulatory care facilities,
including, but not limited to: laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices.
f.
Any
indoor place of entertainment or recreation including, but not limited
to, gymnasiums, theaters, concert halls, bingo halls, arenas and swimming
pools.
g.
Service
lines.
h.
Facilities
primarily used for exhibiting a motion picture, stage, drama, lecture,
musical recital or other similar performance.
i.
Shopping
malls or retail establishments.
j.
Indoor
and outdoor sports arenas.
k.
Restaurants,
including lounge and bar areas except outdoor dining areas which are
not "enclosed areas" as defined in this Section.
l.
Convention
facilities.
m.
All
indoor public areas and waiting rooms of public transportation facilities,
including, but not limited to, bus and mass transportation facilities.
n.
Any
other area used by the public or serving as a place of work.
o.
Every
room, chamber, place of meeting or public assembly, including school
buildings under the control of any board, council, commission, committee,
including, but not limited to, joint committees, or agencies of the
City or County or any political subdivision of the State during such
time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the City.
p.
Rooms
in which meetings or hearings open to the public are held, except
where such rooms are in a private residence.
q.
Sidewalks,
driveways and other open areas within fifteen (15) feet of the entry
to any building owned or occupied by any governmental entity, or within
fifteen (15) feet of the entry to any building open to the public;
provided however, that this entryway prohibition shall not apply within
outside dining areas where smoking is permitted or to entries that
are located less than fifty (50) feet from another public entry.
3.
It shall
be unlawful to dispose of smoking waste, or to place or maintain a
receptacle for smoking waste, in an area in which smoking is prohibited
under this Chapter.
C.
Responsibilities Of Proprietors, Owners And Managers.
1.
It shall
be unlawful for any person having control of a place listed in this
Section to knowingly permit, cause, suffer or allow any person to
violate the provisions of this Section. It shall be an affirmative
defense to an alleged violation of this Subsection that the person
having control of a place has asked that the lighted or heated cigarette,
cigar, pipe or other tobacco product be extinguished and asked the
person to leave the establishment if that person has failed or refused
to extinguish the lighted or heated cigarette, cigar, pipe or other
tobacco product.
2.
A person
having control of a place shall 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) near all entrances where smoking
is prohibited pursuant to this Chapter. Such signage shall consist
of letters not less than one (1) inch in height.
3.
It shall
be the responsibility of employers to provide smoke-free workplaces
for all employees.
4.
All
employers shall supply a written copy of the smoking policy upon request
to any existing or prospective employee.
D.
Declaration Of Establishment As Non-Smoking. Notwithstanding
any other provision of this Section, an owner, operator, manager,
other person in control of an establishment, facility, or outdoor
area may declare that the entire establishment, facility or outdoor
area as a non-smoking place. No person shall smoke in places so declared
and posted with signs pursuant to this Section.
E.
Exceptions. Notwithstanding any other provision of this
Section to the contrary, the following shall not be subject to the
smoking restrictions of this Section:
1.
Private
residences, not serving as enclosed places of employment or enclosed
public places;
2.
Private
clubs;
3.
Performers
on stage in a theatrical production, where smoking is required as
a part of the production;
4.
Private
and semi-private rooms in nursing homes and long-term care facilities
the residents of which are all smokers and have all requested the
management of the facility to be placed in a room where smoking is
permitted;
5.
Retail
establishments in which food is not prepared on the premises and where
more than sixty percent (60%) of the volume of trade or business carried
on is the sale of tobacco and tobacco-related products;
6.
Permanently
designated smoking rooms, not to exceed twenty percent (20%) of the
guest rooms;
7.
Cigar
bars, provided the entity is in operation on or before the effective
date of this Section, and provided further, that smoke does not infiltrate
into areas where smoking is otherwise prohibited;
8.
Drinking
establishments which are in operation on or before the effective date
of this Section; provided however, that no smoke infiltrates into
areas where smoking is otherwise prohibited, and further provided,
that each such drinking establishment has posted in a place visible
to the public from its exterior a certificate of exemption issued
by the St Louis County Department of Revenue pursuant to the County
Indoor Clean Air Act. A copy of such exemption shall also be provided
to the City Clerk.
F.
Section Not To Preclude More Extensive Prohibitions By Proprietors,
Owners Or Managers. Nothing in this Section shall be construed
or applied in such a manner as to interfere with or prohibit a property
owner, business operator or public entity, including the City, from
more broadly prohibiting smoking on or about their property or from
prohibiting smoking in areas, at times, or under conditions which
do not fall within the prohibitions established by this Section or
the County Indoor Clean Air Act.
G.
Notice To License Applicants. Notice of the provisions of
this Section shall be given to all applicants for licenses issued
by the City pertaining to the use of property for business or commercial
purposes to which the public will be invited or permitted.
H.
Certificates Of Exception To Qualified Drinking Establishments. The owner or operator of a drinking establishment which seeks a
smoking exemption shall first obtain and file with the City Clerk
a copy of a current certificate issued by the Director of Revenue
attesting that the establishment satisfies the criteria for such exemption.
No exemption shall be granted to any establishment not having and
maintaining a valid exemption certificate from St. Louis County.
I.
Enforcement. The Police Department and the Building Commissioner
and their authorized representatives shall enforce this Section. Nothing
herein shall be construed to limit the authority of the Fire Marshal
neither to designate additional locations in which smoking shall be
prohibited nor to repeal any order of the Fire Marshal prohibiting
smoking in any location.
