For purposes of this Article, the following definitions shall
apply:
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
No person shall sell cigarettes or tobacco products unless the
person has a retail sales tax license.
[CC 1979 §83.010; Ord. No. 1994 §1, 3-2-1993]
A. The following shall be offenses under the ordinances of this City and shall be punishable as provided in Section
210.820 of this Article.
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 in prohibited.
3. No person shall smoke in or on any property or premises owned or
leased by the City of Sullivan for use as a playground, sports complex,
or playing field, including but not limited to all seating areas,
green space, concession stands, and restroom facilities.
[Ord. No. 3630 §2, 5-20-2014]
4. Exceptions. The prohibitions of this Section shall
not apply to areas on City property designated for smoking.
[Ord. No. 3630 §2, 5-20-2014]
[CC 1979 §83.020; Ord. No. 1994 §1, 3-2-1993]
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. Those 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.
[CC 1979 §83.030; Ord. No. 1994 §1, 3-2-1993]
A. A "public place" is 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;
9. Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls;
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However, the following areas are not considered public places:
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1.
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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;
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2.
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Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
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3.
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Performers on the stage, provided that the smoking is part of
the production;
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4.
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A 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;
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5.
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Any bar, any tavern, a restaurant which 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"; and
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6.
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Private residences.
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[CC 1979 §83.040; Ord. No. 1994 §1, 3-2-1993]
As used in this Article, the following terms mean:
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, workplace or public meeting at any given time.
PROPRIETOR
The party who ultimately controls, governs or directs the
activities within the public place, workplace 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 to 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.
RESTAURANT
Any building, structure or area used, maintained or advertised
in 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.
[CC 1979 §83.050; Ord. No. 1994 §1, 3-2-1993]
A. A smoking
area may be designated by persons having custody or control of public
places, except in places which smoking is prohibited by the Fire Marshal
or by other law ordinance or regulation. No public place shall have
more than thirty percent (30%) of its entire space designated as a
smoking area.
1. Restaurants. A proprietor or other person in charge
of a restaurant shall designate an area of sufficient size to accommodate
the usual and customary demand for non-smoking areas by customers
or patrons.
[CC 1979 §83.060; Ord. No. 1994 §1, 3-2-1993]
Any person who violates Sections
210.775 through
210.810 of this Article shall be fined an amount not more than fifty dollars ($50.00).