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2010, repealed ch. 217 "smoking regulations" and enacted new provisions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:
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.
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.
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.
An establishment with a permit to sell alcoholic beverages
that:
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;
Has a humidor on the premises;
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
Does not allow minors to enter the premises.
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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.
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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]
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.
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.
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.
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.
Cannabis indica, Cannabis saliva, Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
[Ord. No. 4463, 2-21-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including but not limited to
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
pre-rolls.
[Ord. No. 4463, 2-21-2023]
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.
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.
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.
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.
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.
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.
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 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. 4463, 2-21-2023]
A.
Marijuana
shall not be smoked in any public area in the City, including but
not limited to outdoor areas, places of employment, public meeting,
and public places. A person who violates this prohibition shall be
subject to a civil penalty not exceeding one hundred dollars ($100.00).
B.
Marijuana-infused
products shall not be consumed in any public area in the City, except
for culinary dishes or beverages prepared by a restaurant in the City
for on-site consumption on the same day such dishes or beverages are
prepared.
C.
Marijuana
shall not be consumed by any person operating or in physical control
of any motor vehicle or other motorized form of transportation in
the City. No person shall smoke marijuana within a motor vehicle or
other motorized form of transportation while it is being operated
within the City.
D.
Marijuana-infused
products shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in 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:
[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.
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; Ord.
No. 4463, 2-21-2023]
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 one hundred dollars ($100.00).
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.
