[CC 1990 § 21-106; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
In order to enhance the public health and prevent the entrance
of disease in St. Louis County, the provisions of this Article shall
apply in all unincorporated parts of St. Louis County and in all incorporated
areas except any municipality having a population of seventy-five
thousand (75,000) or more people and which maintains an organized
health department.
[CC 1990 § 21-107; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
It is the purpose of this Article to promote the health, safety
and welfare of the residents of St. Louis County by decreasing exposure
to secondhand smoke; and to create smoke-free environments for workers,
patrons and visitors to places of employment and all other public
places within the County.
[CC 1990 § 21-108; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professionals services are delivered, and
private clubs.
The area of a State-licensed gambling facility where gaming
is allowed for those twenty-one (21) years of age or older, including
any VIP lounge accessible only through the game floor, whether or
not gaming is allowed in the VIP lounge.
A business with a permit to sell alcoholic beverages that
generates twenty-five percent (25%) or more of its quarterly gross
revenue from the sale of cigars and/or rental of humidor space, has
a humidor on the premises and does not allow minors to enter the premises.
Any business with a valid license issued by the St. Louis
County Department of Revenue (pursuant to Chapter 801, Title VIII
SLCRO 1974 as amended, "Alcoholic Beverages") to sell intoxicating
liquor by the drink or to sell beer and light wine by the drink whose
on-site sales of food for consumption on the premises comprises no
more than twenty-five percent (25%) of gross sales of food and both
alcoholic and non-alcoholic beverages on an annual basis.
Any person who performs services for an employer, with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the County or any
agency thereof, which utilizes the services of at least one (1) employee.
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one (1) time a year.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care or health care facility.
A not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veterans' organization, which has a defined
membership and restricts admission to members of the club and their
guests. Private club shall not include an establishment that is generally
open to members of the general public upon payment of a fee. A private
club shall not be considered a "public place" except when it is the
site of a meeting, event or activity that is open to the public.
Any enclosed or other area to which the public is invited
or in which the public is permitted, including, but not limited, to
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, production
and marketing establishments, retail service establishments, retail
stores, 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 provides 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 and lounge area within the restaurant.
Any indoor or outdoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
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 tobacco product.
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition
or witness sports events.
[CC 1990 § 21-109; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
A.
It shall be unlawful for any person within an enclosed place of employment
to possess lighted or heated smoking materials in any form, including,
but not limited to, the possession of lighted or heated cigarettes,
cigars, pipes or other tobacco products.
B.
It shall be unlawful for any person within an enclosed public place,
or within any other places hereinafter specified, to possess lighted
or heated smoking materials in any form, including, but not limited
to, the possession of lighted or heated cigarettes, cigars, pipes
or other tobacco products, including, but not limited to, the following
places:
1.
Elevators in public buildings;
2.
Restrooms in public buildings;
3.
Libraries, educational facilities, child care and adult day-care
facilities, museums, auditoriums, aquariums and art galleries;
4.
Any health care facility, health clinic or ambulatory care facilities,
including, but not limited to, laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices;
5.
Any indoor place of entertainment or recreation including, but
not limited to, gymnasiums, theaters, concert halls, bingo halls,
arenas and swimming pools;
6.
Service lines;
7.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance;
8.
Shopping malls or retail establishments;
9.
Indoor and outdoor sports arenas;
10.
Restaurants, including lounge and bar areas, except outdoor
dining areas;
11.
Convention facilities;
12.
All indoor public areas and waiting rooms of public transportation
facilities, including, but not limited to, bus and mass transportation
facilities;
13.
Any other area used by the public or serving as a place of work;
14.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including, but not limited to, joint committees, or agencies
of the County or any political subdivision of the State during such
time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the County;
15.
All enclosed areas owned by the County;
16.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence;
17.
Sidewalks, driveways and other open areas within fifteen (15)
feet of the entry to any building owned or occupied by any governmental
entity, or within fifteen (15) feet of the entry to any building open
to the public; provided, however, that this entryway prohibition shall
not apply within outside dining areas where smoking is permitted or
to entries that are located less than fifty (50) feet from another
public entry.
C.
It shall be unlawful to dispose of smoking waste, or to place or
maintain a receptacle for smoking waste, in an area in which smoking
is prohibited under this Article.
[CC 1990 § 21-110; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
A.
It shall be unlawful for any person having control of a place listed
in this Article knowingly to permit, cause, suffer or allow any person
to violate the provisions of this Article. It shall be an affirmative
defense to an alleged violation of this Subsection that the person
having control of a place has asked that the lighted or heated cigarette,
cigar, pipe or other tobacco product be extinguished and asked the
person to leave the establishment if that person has failed or refused
to extinguish the lighted or heated cigarette, cigar, pipe or other
tobacco product.
B.
A person having control of a place shall clearly and conspicuously
post "No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed a red
circle with a red bar across it) near all entrances where smoking
is prohibited pursuant to this Article. Such signage shall consist
of letters not less than one (1) inch in height.
C.
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
D.
All employers shall supply a written copy of the smoking policy upon
request to any existing or prospective employee.
[CC 1990 § 21-111; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
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. No person shall smoke in places so declared and posted with signs pursuant to Section 210.2310.
[CC 1990 § 21-112; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
A.
Notwithstanding any other provision of this Article to the contrary,
the following shall not be subject to the smoking restrictions of
this Article:
1.
Private residences, not serving as enclosed places of employment
or enclosed public places;
2.
Private clubs;
3.
Performers on stage in a theatrical production, where smoking
is required as part of the production;
4.
Private and semiprivate rooms in nursing homes and long-term
care facilities, the residents of which are all smokers and have all
requested the management of the facility to be placed in a room where
smoking is permitted;
5.
Retail establishments in which food is not prepared on the premises
and where more than sixty percent (60%) of the volume of trade or
business carried on is the sale of tobacco and tobacco-related products;
6.
Permanently designated smoking rooms, not to exceed twenty percent
(20%) of the guest rooms;
7.
Cigar bars, provided such entity is in operation on or before
the effective date of this Article and provided that smoke does not
infiltrate into areas where smoking is otherwise prohibited;
8.
Casino gaming areas;
9.
Drinking establishments which are in operation on or before
the effective date of this Article; provided, however, that no smoke
infiltrates into areas where smoking is otherwise prohibited, and
further provided that each such drinking establishment has posted
in a place visible to the public from its exterior a certificate of
exemption.
[CC 1990 § 21-113; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
Nothing in this Article shall be construed or applied in such
a manner as to interfere with or prohibit a property owner, business
operator or public entity, including the County or municipalities
located within the County, from more broadly prohibiting smoking on
or about their property or from prohibiting smoking in areas at times,
or under conditions which do not fall within the prohibitions established
by this Article.
[CC 1990 § 21-114; Ord. No. 2642 §§ 1 — 4, 2-23-2011]
Notice of the provisions of this Article shall be given to all
applicants for licenses issued by St. Louis County pertaining to use
of property for business or commercial purposes to which the public
will be invited or permitted.
[CC 1990 § 21-115; Ord. No. 2642 § 5, 2-23-2011]
A.
Every person who shall be convicted of a violation of this Article
shall be fined not more than fifty dollars ($50.00) for each offense.
B.
A person who owns, manages, operates or otherwise controls a public
place or place of employment and who shall be convicted of a violation
of this Article shall be fined as follows:
C.
Each day on which a violation of this Article occurs shall be considered
a separate and distinct violation.
