[Ord. No. 4-43 §1, 8-13-2015[1]]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A sole proprietorship, partnership, joint venture, corporation,
limited liability company, 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 Farmington, Missouri.
An electronic and/or battery-operated device, intended to
emulate smoking that can be used to deliver an inhaled dose of vapors
including nicotine and/or other substances. "Electronic cigarette"
includes any such device, whether manufactured, distributed, marketed,
or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette
or any other product name or descriptor.
Any person who performs services for an employer with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals 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 designated as a smoking room and 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, and a private residence 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 device or materials intended for
the purpose of using tobacco or other smoke producing products.
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.
[1]
Editor's Note: This Chapter was approved by a majority
of the electorate in the election held 11-3-2015. Ord. No. 4-43A,
12-10-2015 further clarified the effective date for this Chapter as
1-1-2016.
[Ord. No. 4-43 §1, 8-13-2015]
A.
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
devices or materials intended for the purpose of using tobacco or
other smoke producing products, or electronic cigarettes within an
enclosed place of employment in the City of Farmington.
B.
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
devices or materials intended for the purpose of using tobacco or
other smoke producing products, or electronic cigarettes within an
enclosed public place or within any other places hereinafter specified:
1.
In any public building owned or operated by the City.
2.
Elevators in public buildings.
3.
Restrooms in public buildings.
4.
Libraries, educational facilities, child care and adult day
care facilities, respite care facilities, museums, auditoriums, aquariums
and art galleries.
5.
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.
6.
Any indoor place of entertainment or recreation, including,
but not limited to, gymnasiums, theaters, concert halls, bingo halls,
arenas and swimming pools.
7.
Service lines.
8.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance.
9.
Shopping malls or retail establishments.
10.
Indoor and outdoor sports arenas.
11.
Restaurants, including lounge and bar areas except outdoor dining
areas which are not enclosed areas as defined in this Chapter.
12.
Convention facilities.
13.
All indoor public areas and waiting rooms of public transportation
facilities, including, but not limited to, bus and mass transportation
facilities.
14.
Any other area used by the public or serving as a place of work.
15.
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.
16.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence.
17.
Sidewalks, driveways and other open areas within twenty-five
(25) 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.
[Ord. No. 4-43 §1, 8-13-2015]
A.
It shall be unlawful for any person having control of a place listed
in this Chapter to knowingly permit, cause, suffer or allow any person
to violate the provisions of this Chapter. It shall be an affirmative
defense to an alleged violation of this Section 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, or electronic cigarette.
B.
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.
C.
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
[Ord. No. 4-43 §1, 8-13-2015]
Notwithstanding any other provision of this Chapter, an owner,
operator, manager, other person in control of an establishment, facility,
or outdoor area may declare 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 Chapter.
[Ord. No. 4-43 §1, 8-13-2015]
A.
Notwithstanding any other provision of this Chapter to the contrary,
the following shall not be subject to the smoking restrictions of
this Chapter:
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 from the management of the facility to be placed in
a room where smoking is permitted;
5.
Permanently designated smoking rooms, not to exceed twenty percent
(20%) of the guest rooms;
6.
Cigar bars, provided that smoke does not infiltrate into areas
where smoking is otherwise prohibited and that no food preparation
is conducted on premises;
7.
Facilities owned or operated by Federal, State, or County governments,
and used solely for governmental purposes.
[Ord. No. 4-43 §1, 8-13-2015]
Nothing in this Chapter 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 Code.
[Ord. No. 4-43 §1, 8-13-2015]
Notice of the provisions of this Chapter 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.
[Ord. No. 4-43 §1, 8-13-2015]
Every person who shall be convicted of a violation of this Chapter shall be subject to a fine in accordance with the general penalties prescribed in Section 100.110, General Penalty — Continuing Violations, of this Code.
