[Ord. No. 1165 §1, 1-26-2011]
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 Cool Valley, 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 its 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.
