As used in this Article, the following words shall have the
following lowing meanings:
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
Any organization primarily organized for a religious, charitable,
educational, scientific patriotic, literary, or philanthropic purpose
as determined and verified by the City Administrator.
Closed in by a roof and four (4) walls with appropriate openings
for ingress and egress.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological condition.
Any service line located within retail or other public establishments
in which more than one (1) person is giving or receiving services
of any kind. This would include, but not be limited to, such retail
and public establishments as restaurants, grocery stores, supermarkets,
department stores, clothing stores, shoe stores, and the like.
Any natural person, corporation, association, firm, partnership,
or organization of any kind.
A gathering in person of members of a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
Any enclosed indoor area used by the general public or serving
as a place of work including, but not limited to:
Any retail or commercial establishments;
Health care facilities, health clinics or ambulatory care facilities
including, but not limited to, laboratories associated with health
care treatment, hospitals, nursing homes, physicians' offices and
dentists' offices;
Any vehicle used for public transportation including, but not
limited to, buses, taxicabs and limousines for hire;
Rest rooms;
Elevators;
Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
All public areas and waiting rooms of public transportation
facilities including, but not limited to, bus and airport facilities;
Any enclosed indoor place used for entertainment or recreation
including, but not limited to, gymnasiums, theater lobbies, concert
halls, arenas and swimming pools; or
Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls.
Any building, structure or area used, maintained or advertised
as or held out to the public to be an enclosure where meals for consideration
of payment are made available to be consumed on the premises.
Any establishment whose primary purpose is to sell or offer
for sale to consumers, not for resale, any goods, wares, merchandise,
articles, or food for consumption off the premises.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
Any indoor facility primarily used for the exhibition of
any motion picture, stage drama, musical recital, dance, lecture or
other similar performance.
A.
Smoking
is prohibited in:
1.
Public places, including lobbies, corridors, restrooms and elevators,
except in specially designated smoking areas which may include a private,
enclosed office occupied exclusively by smokers. Bars are exempt from
the provisions of this article.
2.
Public areas of health care facilities.
a.
Public areas include waiting rooms, clinics, ambulatory care facilities,
laboratories associated with the rendition of health care treatment,
restrooms, public corridors, elevators and lobbies, except in specially
designated smoking areas which may be a part of the public area.
b.
Nursing homes, rest homes, and hospitals may designate smoking in
patient sleeping quarters and areas for specific treatment programs.
Such facilities shall make every reasonable effort to assign patients
to sleeping rooms according to the patient's smoking or non-smoking
preference.
3.
Any City-owned and/or operated building, on any City-owned and/or
operated property, and in or on any City-owned vehicle or equipment.
This prohibition shall not apply to the outdoor areas of any duly
designated City park.
4.
Restaurants.
a.
A restaurant whose approved occupancy is more than forty (40) customers
excluding from the calculation of capacity any portion of such facility
which is located outdoors and any portion of such facility which is
utilized for bar purposes. Bars in restaurants are exempt from the
provisions of this Article.
b.
A restaurant with occupancy in excess of forty (40) customers that
maintains a non-smoking area equal to not less than one-half (½)
of the total seating capacity of the establishment is exempt.
c.
An entire room or hall which is used for private social functions
may be exempt during its private use when the seating arrangements
are under the control of the sponsor of the event and not the proprietor,
owner, or other person in charge of the place.
5.
Retail stores or other public establishments involving indoor service
lines, except a retail establishment the primary purpose of which
is to sell tobacco and tobacco products.
6.
Educational facilities including classrooms, lecture halls,
and auditoriums. Smoking may be permitted in the private
sleeping quarters of such facilities and other designated areas as
provided by the director or other authorized representative of the
institution.
7.
Day care facilities.
8.
The public areas of hotels/motels.
a.
Public areas of hotels/motels include corridors primary use of which
is access to guest rooms, elevators, restrooms and the registration
area of the lobby.
b.
Restaurants in hotels/motels shall be subject to the provisions of Subsection (4) of this section.
c.
Smoking may be designated in a corridor primary use of which is access
to meeting rooms which are available for rent to the public.
d.
An entire room which is used for private business or social functions
may be exempt during its private use when the seating arrangements
are under the control of the sponsor of the event and not of the proprietor,
owner, or other person in charge of the hotel/motel.
e.
Guest rooms which are available for rent are exempt from the provisions
of this Article.
f.
Bars in hotels/motels, including bars contained in a lobby, are exempt
from the provisions of this Article.
A.
Designated smoking areas may be established when not otherwise prohibited by law. The owner, proprietor or person in charge of the place may designate limited smoking areas in certain places as provided in Section 210.2220 above.
B.
Where
smoking areas are designated, existing physical barriers and functioning
ventilation systems may be used to minimize the irritation and toxic
effects of smoke in adjacent non-smoking areas. This provision shall
not be construed to require fixed structural or other physical modifications
in providing these areas or to require operation of any existing heating,
ventilating and air-conditioning system in any manner which decreases
its energy efficiency or increases its electrical demand, or both,
nor shall this provision be construed to require installation of new
or additional heating, ventilating or air-conditioning systems.
C.
This
provision shall not be construed to allow the designation of a public
place as a smoking area in its entirety.
D.
This
provision shall not be construed to require an owner, proprietor or
person in charge of a place to designate a smoking area in a public
place.
B.
Every
theatre owner, Manager, or operator shall post signs conspicuously
in the lobby stating that smoking is prohibited in the theatre or
auditorium. In the case of motion pictures, such information shall
be shown on the screen for at least five (5) seconds prior to the
showing of each feature motion picture.
C.
Every
public portion of grocery stores and food markets is required to have
posted signs at locations throughout each market to be visible to
individuals entering the store or market, at the indoor service lines
and in all of the check out lanes.
D.
Signs
shall contain clearly legible letters, or the international "no smoking"
symbol consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a bar across it, and the words "CITY
OF MANCHESTER ORD. NO. 91-581".
A.
The
proprietor, owner or other person having control of the public place,
or place of employment, shall inform persons smoking in restricted
areas they are in violation of this Article.
B.
The proprietor, owner or other person having authority to manage and control any public place or place of employment, or a designated agent of such owner or manager who does not properly display "no smoking" signs in accordance with Section 210.2240 of this Article shall be deemed in violation of this Article.
C.
The authority to administer and enforce the provisions of this Article is vested with the Chief of Police and his/her duly authorized representative(s) except in the case of City owned facilities under Section 210.2220 wherein the City Administrator shall have the authority to administer and enforce the provisions of this Article.
D.
Enforcement
of the provisions of this Article shall not begin until January 1,
1992.
