City of Lake Saint Louis, MO
St. Charles County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2843 §1, adopted March 15, 2010, repealed ch. 217 "smoking regulations" and enacted new provisions set out herein. Former ch. 217 derived from ord. no. 2504 §1, 9-4-2007.
[Ord. No. 2843 §1, 3-15-2010]
This Chapter shall be known as the Lake Saint Louis Smoke-free Air Act of 2010.
[Ord. No. 2843 §1, 3-15-2010]
The Board of Aldermen of the City of Lake Saint Louis, Missouri, does hereby find that:
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections and asthma attacks and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of non-smokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke-free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.)
Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure and recommends that indoor environments be smoke-free in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke", American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005.)
Accordingly, the Board of Aldermen of the City of Lake Saint Louis, Missouri, finds and declares that the purpose of this Chapter is to protect the public health and welfare by prohibiting smoking in public places and places of employment.
[Ord. No. 2843 §1, 3-15-2010]
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
BAR
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.
BUSINESS
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.
CIGAR
Any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty (40) ring size or larger, and that is sold without a filter.
CIGAR BAR
An establishment with a permit to sell alcoholic beverages that:
1. 
Generates sixty percent (60%) or more of its quarterly gross revenue from the sale of alcoholic beverages and twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars;
2. 
Has a humidor on the premises;
3. 
Is located in a freestanding structure occupied solely by the cigar bar and does not open into any enclosed area where smoking is prohibited by this Chapter; and
4. 
Does not allow minors to enter the premises.
Revenue generated from other tobacco sales, including cigarette vending machine sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar.
E-CIGARETTE
A device used to simulate the experience of smoking, having a cartridge with a heater that vaporizes liquid nicotine instead of burning tobacco.
[Ord. No. 3486 §1, 11-16-2015]
EMPLOYEE
A person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers his or her services for a non-profit entity.
EMPLOYER
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.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
HEALTH CARE FACILITY
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, semi-private rooms and wards within health care facilities.
PLACE OF EMPLOYMENT
An area under the control of a public or private employer that employees normally frequent during the course of employment including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a "place of employment" unless it is used as a licensed child care, licensed adult day care or licensed health care facility.
PRIVATE CLUB
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. Section 501. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee.
PUBLIC PLACE
An enclosed 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 licensed child care, licensed adult day care or licensed health care facility.
RESTAURANT
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.
RETAIL TOBACCO STORE
A retail store used primarily for the sale of smoking materials and where more than seventy percent (70%) of the volume of trade or business carried on there is that of the blending of tobaccos or sales of tobaccos, cigarettes, pipes, cigars or smoking sundries and in which the sale of other products is incidental. Does not include a tobacco department of a larger commercial establishment such as a department store, discount store or bar or retail stores used primarily for the sale of smoking materials.
SERVICE LINE
An indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including, but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines and sporting event lines.
SMOKING
Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe in any manner or in any form. E-cigarettes are excluded from this definition.
[Ord. No. 3486 §1, 11-16-2015]
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events.
[Ord. No. 2843 §1, 3-15-2010; Ord. No. 3486 §2, 11-16-2015]
All enclosed facilities, including buildings leased or operated by the City of Lake Saint Louis shall be subject to the provisions of this Chapter. Smoking is prohibited in City vehicles. E-cigarettes shall be prohibited in all enclosed facilities and vehicles owned by the City.
[Ord. No. 2843 §1, 3-15-2010]
A. 
Smoking shall be prohibited in all enclosed public places within the City of Lake Saint Louis including, but not limited to, the following places:
1. 
Aquariums, galleries, libraries and museums.
2. 
Areas available to and customarily used by 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. 
Licensed child care and licensed 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 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 of Lake Saint Louis 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 of Lake Saint Louis or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Lake Saint Louis.
19. 
Service lines.
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.
[Ord. No. 2843 §1, 3-15-2010]
A. 
Smoking shall be prohibited in all enclosed facilities within places of employment in the following areas. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms 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.
[Ord. No. 2843 §1, 3-15-2010]
A. 
Smoking shall be prohibited in the following enclosed residential facilities:
1. 
All private and semi-private rooms in nursing homes.
2. 
At least eighty percent (80%) of hotel and motel 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.
[Ord. No. 2843 §1, 3-15-2010]
Smoking shall be prohibited in the following outdoor places:
Within a reasonable distance of three (3) feet outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas.
[Ord. No. 2843 §1, 3-15-2010]
A. 
Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of Sections 217.050 and 217.060:
1. 
Private residences, except when used as a licensed childcare, licensed adult day care or licensed health care facility and except as provided in Section 217.080.
2. 
Not more than twenty percent (20%) of hotel and motel 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.
3. 
Private clubs that have no employees, except when being used for a function to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this Chapter. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this Chapter.
4. 
Outdoor areas of places of employment except those covered by the provisions of Section 217.080.
5. 
A cigar bar provided that smoke does not infiltrate into areas where smoking is otherwise prohibited under this Chapter. To qualify for this exemption, a cigar bar must satisfactorily report on a quarterly basis to the City of Lake Saint Louis on a form prescribed by the City of Lake Saint Louis, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. This exemption shall not apply to any business that is established for the purpose of avoiding compliance with this Chapter.
6. 
Retail tobacco stores used primarily for the sale of smoking materials and where more than seventy percent (70%) of the volume of trade or business carried on is that of the blending of tobaccos or sales of tobaccos, cigarettes, pipes, cigars or smoking sundries and in which the sale of other products is incidental. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this Chapter.
[Ord. No. 2843 §1, 3-15-2010]
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 217.110(A) is posted.
[Ord. No. 2843 §1, 3-15-2010]
A. 
"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) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Chapter by the owner, operator, manager or other person in control of that place.
Every public place and place of employment where smoking is prohibited by this Chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
B. 
All ashtrays shall be removed from any area where smoking is prohibited by this Chapter by the owner, operator, manager or other person having control of the area.
[Ord. No. 2843 §1, 3-15-2010]
A. 
No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Notwithstanding Section 217.150, violation of this Subsection shall be a misdemeanor 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.
[Ord. No. 2843 §1, 3-15-2010]
A. 
This Chapter shall be enforced by the City Administrator or an authorized designee.
B. 
Notice of the provisions of this Chapter shall be given to all applicants for a business license in the City of Lake Saint Louis.
C. 
Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the City Administrator.
D. 
The Code Enforcement Officer or his/her designee shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Chapter.
E. 
An owner, manager, operator or employee of an establishment regulated by this Chapter shall inform persons violating this Chapter of the appropriate provisions thereof.
F. 
In addition to the remedies provided by the provisions of this Section, the City Administrator with the Mayor/Board of Aldermen authorization or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this Chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
[Ord. No. 2843 §1, 3-15-2010]
A. 
A person who smokes in an area where smoking is prohibited by the provisions of this Chapter shall be guilty of an infraction punishable by a fine not exceeding fifty dollars ($50.00).
Except as otherwise provided in Section 217.130(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 guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500.00).
B. 
In addition to the fines established by this Section, conviction 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 by the Mayor/Board of Aldermen issued to the person for the premises on which the violation occurred.
C. 
Violation of this Chapter is hereby declared to be a public nuisance which may be abated by the City Administrator after consulting with the Mayor/Board of Aldermen by restraining order, preliminary and permanent injunction or other means provided for by law and the City of Lake Saint Louis may take action to recover the costs of the nuisance abatement.
D. 
Each day on which a violation of this Chapter occurs shall be considered a separate and distinct violation.
[Ord. No. 2843 §1, 3-15-2010]
The City Administrator shall annually request other governmental and educational agencies having facilities within the City of Lake Saint Louis to establish local operating procedures in cooperation and compliance with this Chapter. This includes urging all Federal, State, local and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
[Ord. No. 2843 §1, 3-15-2010]
This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 2843 §1, 3-15-2010]
This Chapter shall be liberally construed so as to further its purposes.
[Ord. No. 2843 §1, 3-15-2010]
If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are declared to be severable.