For purposes of this Article, the following definitions shall
apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. "Alternative nicotine product" does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter
V of the Food, Drug and Cosmetic Act.
CENTER OF YOUTH ACTIVITIES
Any playground, school or other facility, when such facility
is being used primarily by persons under the age of eighteen (18)
for recreational, educational or other purposes.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. "Vapor product" does not include any
alternative nicotine product or tobacco product.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
No person shall sell cigarettes, tobacco products, alternative
nicotine products or vapor products unless the person has a retail
sales tax license.
[CC 2001 §8.20.020; Ord. No. 6.16 §§1 — 6, 9-8-1992; Ord. No. 6.16A §1, 11-14-2000]
A. Offenses. The following shall be offenses under the ordinances of this community and shall be punishable as provided in Subsection
(F) of this Section.
1. No person shall smoke in a public place or in a public meeting except
in a designated smoking area.
2. No proprietor or other person in charge of a public place or public
meeting shall permit, cause, suffer or allow a person to smoke in
those area where smoking is prohibited.
B. Duties Of Person Having Control Of Public Place. The person
having custody or control of a public place or public meeting shall:
1. Make reasonable efforts to prevent smoking in the public place or
public meeting by posting appropriate signs indicating no smoking
or smoking area and arrange seating accordingly. These signs shall
be placed at a height and location easily seen by a person entering
the public place or public meeting and not obscured in any way;
2. Arrange seating and utilize available ventilation systems and physical
barriers to isolate designated smoking areas;
3. Make a reasonable request of persons smoking to move to a designated
smoking area;
4. Allow smoking in designated areas of theater lobbies only.
C. Public Place Defined. A "public place" is
any enclosed indoor area used by the general public or serving as
a place of work including, but not limited to:
1. Any retail or commercial establishment;
2. 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;
3. Any vehicle used for public transportation including, but not limited
to, buses, taxicabs and limousines for hire;
6. Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
7. All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
8. Any enclosed indoor place used for entertainment or recreation including,
but not limited to, gymnasiums, theater lobbies, concert halls, arenas
and swimming pools;
9. Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls.
However, the following areas are not considered a public place:
a. An entire room or hall which is used for private social functions,
provided that the seating arrangements are under the control of the
sponsor of the function and not of the proprietor or other person
in charge;
b. Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
c. Performers on the stage, provided that the smoking is part of the
production;
d. A place where more than fifty percent (50%) of the volume of trade
or business carried on is that of the blending of tobaccos or sale
of tobaccos, cigarettes, pipes, cigars or smoking sundries;
e. Any bar, any tavern, a restaurant that seats less than fifty (50)
people, any bowling alley or any billiard parlor, provided such establishment
conspicuously posts at least two (2) signs stating that "Non-Smoking
Areas Are Unavailable";
g. Any enclosed indoor arena, stadium or other facility which may be
used for sporting events and which has a seating capacity of more
than fifteen thousand (15,000) persons.
D. Other Definitions. As used in this Section, the following
terms shall have these prescribed meanings:
BAR or TAVERN
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.
OTHER PERSON IN CHARGE
The agent of the proprietor authorized to give administrative
directions to and general supervisions of the activities within the
public place, workplace or public meeting at any given time.
PROPRIETOR
The party who ultimately controls, governs or directs the
activities within the public place, workplace or public meeting, regardless
of whether he/she is the owner or lessor of such place or site. The
term does not mean the owner of the property unless he/she ultimately
controls, governs or directs the activities within the public place
or public meeting. The term "proprietor" shall apply
to a corporation as well as an individual.
PUBLIC MEETING
A gathering in person of members of a Governmental Body,
whether an open or closed session, as defined in Chapter 610, RSMo.
RESTAURANT
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.
SMOKING
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
E. Designated Smoking Area. A smoking area may be designated
by persons having custody or control of public places, except in places
in which smoking is prohibited by the Fire Marshal or by other law,
ordinance or regulation. No public place shall have more than thirty
percent (30%) of its entire space designated as a smoking area.
1. Restaurants. A proprietor or other person in charge
of a restaurant shall designate an area of sufficient size to accommodate
usual and customary demand for non-smoking areas by customers or patrons.
F. Violation. Any violation of this Section shall be "ordinance
violation" and shall be punished according to the penalties contained
herein.
G. Penalty. Any person who violates this Section shall be fined
an amount not more than two hundred dollars ($200.00).