[R.O. 2013 §10-1; Ord. No. 6.9 (Bill No. 516) §2, 12-6-1979]
This Chapter shall be liberally construed and applied to promote
its underlying purpose of protecting the public health.
[R.O. 2013 §10-2; Ord. No. 6.9 (Bill No. 516) §2, 12-6-1979; Ord. No. 6.9 (Bill No. 1265) §1, 8-1-1991]
The following definitions shall apply in the interpretation
of this Chapter:
The permit holder, individuals having supervisory or management
duties and any other person working in a food service establishment.
Any raw, cooked or processed edible substance, ice, beverage
or ingredient used or intended for use or sale in whole or in part
for human consumption.
A commercial establishment in which food is manufactured
or packaged for human consumption. The term does not include a food
service establishment or commissary operation.
Every building, room, basement or cellar occupied or used
as a bakery, confectionery, cannery, packinghouse, slaughterhouse,
restaurant, hotel, dining car, grocery, meat market, dairy, creamery,
dairette, butter factory, cheese factory, coffee shop, cafeteria,
short order cafe, soda fountain, tavern, bar, cocktail lounge, nightclub,
roadside stand, industrial feeding establishment, private, public
or non-profit organization or institution routinely serving food,
catering kitchen, commissary or similar place in which food or drink
is prepared for sale or for service on the premises or elsewhere,
and any other eating or drinking establishment or operation where
food is served or provided for the public or provided for the public
with or without charge, or where food is sold for later consumption.
The term does not include private homes where food is prepared or
served for individual family consumption.
Federal, State and local Statutes, ordinances and regulations.
Any individual, partnership, corporation, association or
other legal entity.
The individual present in a food service establishment who
is the apparent supervisor of the food service establishment at the
time of inspection. If no individual is the apparent supervisor, then
any employee present is the person in charge.
The State and/or local enforcement authority or authorities
having jurisdiction over the food service establishment.
A food service establishment that operates at a fixed location
for a period of time of not more than fourteen (14) consecutive days
in conjunction with a single event or celebration.
[R.O. 2013 §10-175; Ord. No. 6.9 (Bill No. 516) §2, 12-6-1979]
No person shall operate a food processing or service establishment
who does not have a valid permit, license or certificate issued to
him/her by the regulatory authority. Permits, licenses or certificates
are not transferable. A valid permit, license or certificate shall
be posted in every food service establishment.
[R.O. 2013 §10-196; Ord. No. 6.23 (Bill No. 2053) §1, 7-1-2004]
This Article shall be known as the City of Arnold Smoke-Free
Restaurant Act.
[R.O. 2013 §10-197; Ord. No. 6.23 (Bill No. 2053) §2, 7-1-2004]
A.
The City Council of Arnold, Missouri does hereby find that:
1.
Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution, and that breathing secondhand smoke (also
known as environmental tobacco smoke) is a cause of disease in healthy
non-smokers, including heart disease, stroke, respiratory disease,
and lung cancer.
2.
The Public Health Service's National Toxicology Program
has listed secondhand smoke as a known carcinogen.
3.
Secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired
respiratory function, including asthmatics and those with obstructive
airway disease.
4.
Children exposed to secondhand smoke have an increased risk
of asthma, respiratory infections, sudden infant death syndrome, developmental
abnormalities, and cancer.
5.
The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired
respiratory function to be a disability.
6.
The U.S. Surgeon General has determined that the simple separation
of smokers and non-smokers within the same air space may reduce, but
does not eliminate, the exposure of non-smokers to secondhand smoke.
7.
The Environmental Protection Agency has determined that secondhand
smoke cannot be reduced to safe levels in businesses by high rates
of ventilation. Air cleaners, which are only capable of filtering
the particulate matter and odors in smoke, do not eliminate the known
toxins in secondhand smoke.
B.
Accordingly, the City Council of Arnold Missouri finds and declares
that the purposes of this Article are:
[R.O. 2013 §10-198; Ord. No. 6.23 (Bill No. 2053) §3, 7-1-2004]
The following terms used in this Article have the following
meanings unless the context clearly indicates otherwise:
An establishment licensed as a bar under the liquor laws
of the State that draws seventy percent (70%) of its total revenue
from the sale of liquor.
An establishment licensed as a restaurant within the City
of Arnold, or an establishment whose primary business activity is
the retail sale of prepared food and beverages and has seating for
on-premises consumption of food.
The lighting of any cigarette, cigar, or pipe or the possession
of any lighted, cigarette, cigar, or pipe, regardless of its composition.
[R.O. 2013 §10-199; Ord. No. 6.23 (Bill No. 2053) §4, 7-1-2004; Ord. No. 6.23 (Bill No. 2066) §§1
— 2, 9-16-2004; Ord. No. 6.23 (Bill No. 2139) §2, 2-2-2006]
A.
No person shall smoke within any restaurant or restaurant with an
attached bar.
B.
Notwithstanding other provisions of this Act to the contrary, any
person may smoke in a separately designated smoking room of a restaurant
having at least fifty (50) or more seats under the following conditions:
1.
If after making application for exception to this provision,
a smoking room is designated and constructed such that the designated
smoking room is separated completely from the restaurant portion by
a floor to ceiling barrier.
2.
The designated smoking room has a heating, ventilation and
air-conditioning (HVAC) system separate and distinct from the HVAC
system serving the remainder of the restaurant. The HVAC system for
the designated smoking room shall operate in such a manner as to create
a negative pressure environment in the bar.
3.
The remainder of the restaurant has a heating, ventilation
and air-conditioning (HVAC) system separate and distinct from the
HVAC system of the designated smoking room. The HVAC system for the
remainder of the restaurant shall operate in such a manner as to create
a positive pressure environment in the restaurant.
4.
The floor to ceiling barrier between the restaurant and the
designated smoking room shall be allowed to contain a door within
the partitioning barrier to allow ingress and egress between the restaurant
and designated smoking room. The door in the partitioning barrier
shall remain closed at all times, except for patron passage between
the restaurant and the designated smoking room.
5.
Public restrooms within the restaurant facility shall be located
within the smoke-free portion of the facility.
6.
Any restaurant constructing a smoking room shall also comply
with the Missouri Clean Indoor Act.
[R.O. 2013 §10-200; Ord. No. 6.23 (Bill No. 2053) §5, 7-1-2004]
To advise persons of the existence of "No Smoking", no owner, lessee, principal manager, or person in control of an establishment within a building shall fail to post signs at the entry of the establishment displaying the words "No Smoking" or the international no smoking symbol. Failure to post such signage will be considered a violation of this Article and will be subject to the penalty provisions of Section 100.140 of this Code.
