[R.O. 1992 § 220.230; Ord. No.
1453-92 § 1, 11-17-1992]
A. Offenses. The following shall be offenses under the ordinances of this Community, and shall be punishable as provided in Subsection
(F), Penalty, 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 areas 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 violate 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":
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10.
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;
11.
Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicles;
12.
Performers on the stage, provided that the smoking is part of
the production;
13.
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;
14.
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";
16.
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 mean:
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, work place or public meeting at any given time.
PROPRIETOR
The party who ultimately controls, governs or directs the
activities within the public place, work place 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.
1.
A smoking area may be designed by persons having custody or
control of public places, except in places in which smoking is prohibited
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.
[Ord. No. 2618-16, 11-15-2016]
2.
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. Penalty. Any person who violates this Section shall be fined an amount
not more than two hundred dollars ($200.00).