[Ord. No. 7233 §§1 —
2, 8-9-2010; Ord. No. 8201, 7-22-2019]
The following words and phrases, whenever used in this Article,
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, and shall not include any outdoor area associated with
sale or delivery of food or alcoholic beverages which is located as
an extension of or adjacent to the enclosed area of the bar.
Any enclosed area of a commercial establishment, including,
but not limited to, retail stores, banks, office buildings, offices,
restaurants and bars.
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 floor and ceiling that is more than eighty
percent (80%) contained on all sides by permanent and non-movable
walls that extend from the floor to the ceiling, and/or windows and
doorways.
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, semiprivate rooms, and
wards within health care facilities.
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, and hallways. A private residence shall be deemed to be
a place of employment only if it is used as a child care, adult day
care, or health care facility.
Any play structure designed in whole or in part to be used
by children or others under eighteen (18) years of age or any similar
facility located on public or private school grounds.
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. §501.
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 child care,
adult day 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 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.
An indoor or outdoor 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.
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 combustible tobacco or medical marijuana
product in any manner or in any form.
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. 7233 §§1 —
2, 8-9-2010]
All enclosed areas owned, leased, or operated by the City of
Maryville or Maryville Parks and Recreation shall be subject to the
provisions of this Article.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
A.
Smoking shall be prohibited in all enclosed areas of public places
within the City of Maryville, including, but not limited to, the following
places:
1.
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.
Child care and 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.
12.
Lobbies, hallways, and other common enclosed areas in apartment
buildings, condominiums, trailer parks, retirement facilities, nursing
homes, and other multiple-unit residential facilities.
13.
Polling places.
14.
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
enclosed 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 Maryville or a political subdivision
of the State, to the extent the place is subject to the jurisdiction
of the City.
19.
Service lines.
20.
Shopping malls.
21.
Sports arenas, including enclosed places in outdoor arenas.
22.
Theaters and other facilities primarily used for exhibiting
motion pictures, stage dramas, lectures, musical recitals, or other
similar performances.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
Smoking shall be prohibited in all enclosed areas within places
of employment without exception. 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 areas.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
Smoking shall be prohibited in all enclosed areas owned, leased,
maintained, operated or directed by any private club.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
[Ord. No. 7233 §§1 —
2, 8-9-2010; Ord. No. 8201, 7-22-2019]
A.
Smoking shall be prohibited in the following outdoor places:
1.
In and within ten (10) feet of all primary public entrances,
open windows, and ventilation systems of enclosed areas where smoking
is prohibited, so as to ensure that smoke does not enter those areas.
2.
In all outdoor arenas, stadiums, amphitheaters and concession
stands at the same, and within ten (10) feet of bleachers and grandstands
used or occupied by spectators at sporting and other public events.
3.
In and within ten (10) feet of all outdoor public transportation
stations, platforms, and shelters.
4.
In all outdoor service lines.
5.
Playgrounds.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
A.
Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of Sections 235.030 and 235.040:
1.
Private residences, except when used as a child care, adult day care, or health care facility, or as provided in Section 235.060 or areas within the residence which are used for business purposes and to which the general public is provided access, in which instances the provisions of this Article prohibiting smoking shall apply.
2.
Outdoor areas of places of employment except those covered by
the provisions of this Article. If an outdoor area or park has areas
which are designed as eating or recreation areas, and also has other
areas which are designed as open areas, only those portions of the
outdoor area which are described or defined within this Article shall
be subject to the provisions of this Article.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
Notwithstanding any other provision of this Article, 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 this
Article is posted.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
A.
An owner, commercial lessee, principal manager or other person in
control of any establishment subject to the provisions of this Article
shall:
1.
Ask a person who is smoking to refrain from smoking and to extinguish
all smoking materials.
2.
Demand that the person leave the premises if the person refuses
to comply with the provisions of this Article.
3.
Refuse to serve a person who is in violation of this Article.
4.
Take all other lawful steps to ensure compliance with the provisions
of this Article.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
A.
This Article shall be enforced by the Maryville Public Safety Department.
B.
Notice of the provisions of this Article shall be given to all applicants
for any alcohol license from the City of Maryville.
C.
In addition to the remedies provided by the provisions of this Article,
any person aggrieved by the failure of the owner, operator, manager,
or other person in control of a facility or a place of employment
to comply with the provisions of this Article may apply for injunctive
relief to enforce those provisions in any court of competent jurisdiction
at such complainant's cost.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
A.
Any person who violates any provision of this Article shall be punished
by a fine not to exceed five hundred dollars ($500.00) or up to ninety
(90) days in jail, or combination of fine and imprisonment.
B.
Each day on which a violation of this Article occurs shall be considered
a separate and distinct violation.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
This Article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
If any provision, clause, sentence, or paragraph of this Article
or the application thereof to any person or circumstances shall be
held invalid, that invalidity shall not affect the other provisions
of this Article which can be given effect without the invalid provision
or application, and to this end the provisions of this Article are
declared to be severable.
[Ord. No. 7233 §§1 —
2, 8-9-2010]
This Article shall be effective October 1, 2010.
