[Ord. No. 127, 5-14-2019]
The following words and phrases, whenever used in this Chapter
shall be as defined as follows:
Any licensed establishment which serves liquor on the premises
and which the serving of food is only incidental to the consumption
of those beverages.
A sole proprietorship, partnership, joint venture, corporation,
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold as well as
professional corporations and other entities where legal, medical,
dental, engineering, architectural, or other professional services
are delivered.
Any electric oral device, such as one (1) composed of a heating
element, battery, and/or electronic circuit, which provides a vapor
of nicotine or any other substances, and the use or inhalation of
which simulates smoking. The term shall include any such device, whether
manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar,
e-pipe, or any other product name or descriptor.
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 Village or any
agency thereof, which utilizes the services of one (1) or more employees.
All space between a floor and ceiling that is enclosed on
all sides by walls or windows (exclusive of 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, homes for the aging or chronically ill, laboratories,
and offices of physicians, chiropractors, physical therapists, dentists,
and all specialists within these professions. This definition shall
include all waiting rooms, hallways, private rooms, semi-private rooms,
and wards within health care facilities.
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, work place or public meeting at any given time.
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, employee lounges, restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways, and vehicles. A private residence is not a "place of employment"
unless it is used as a licensed child care, licensed adult day care,
or licensed health care facility.
A not-for-profit organization whether incorporated or not,
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 open
to members of the general public upon payment of a nominal fee.
In addition, a "private club" must meet the following requirements:
The establishment must have a defined membership. This means:
It must have a written definition and description of its membership
policies, including a description of eligibility for membership, and
must administer its membership system consistent with those policies;
It must structure its memberships so as to provide for membership
status to be ongoing for a period of no less than one (1) year, as
opposed to one-time, weekly or incidental memberships; and
It must maintain a written list of current members.
The establishment may charge a fee for membership in an amount
intended to defray the ongoing cost of providing services to members
(not a "cover charge" intended to pay for a single night or week's
entertainment). Continued and ongoing payment of the membership fee
must be required in order to maintain membership.
The establishment must restrict admission to its premises to
only members and a limited number of invited guests who are accompanied
by members. The establishment must not be open to the general public,
although infrequent, occasional public functions may be permissible
so long as they constitute an insignificant proportion of the establishment's
operation and so long as smoking is prohibited during any such public
function.
The organization is directed by a board of directors, executive
committee, or other similar body chosen by the members at a meeting
held for that purpose. No member, officer, agent, or employee shall
receive any profit from the distribution or sale of beverages to the
members of the club, or their guests, beyond a reasonable salary or
wage fixed and voted upon each year by the governing body.
A private club shall be considered a "public place" when it
is the site of a meeting, event or activity that is open to the public,
including but not limited to operating a bingo facility.
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.
A gathering in person of members or a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
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, health care facilities, laundromats, public
transportation facilities, reception areas, restaurants, food production
and marketing establishments, retail service establishments, retail
stores, commercial establishments, private clubs, shopping malls,
sports arenas, theaters, and waiting rooms. A private residence is
not a "public place" unless it is used as a licensed child care, licensed
adult day care, or licensed 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.
A retail store used primarily for the sale of smoking materials
and smoking accessories in which the sale of other products is incidental
and where smoking is permitted within the public place. "Retail tobacco
store" does not include a tobacco department of a larger commercial
establishment such as a department store, discount store, or bar or
retail stores used primarily for the sale of smoking materials where
no provisions for smoking within the public place are provided or
permitted.
An indoor 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.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, or other tobacco product. "Smoking" does not include
the use of an e-cigarette.
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. 127, 5-14-2019]
Smoking shall be prohibited in all enclosed facilities, including
buildings owned or operated by the Village, all Village parks and
all Village vehicles and shall be enforced according to the provisions
of this Chapter.
[Ord. No. 127, 5-14-2019]
A.
Smoking shall be prohibited in all enclosed public places within
the Village, including but not limited to the following places:
1.
Aquariums, 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, professional offices, banks, laundromats, hotels,
and motels.
3.
Bars.
4.
Bingo facilities.
5.
Convention facilities.
6.
Elevators.
7.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital, or other similar performance.
8.
Health care facilities.
9.
Licensed child care and adult day care facilities.
10.
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
11.
Polling places.
12.
Public transportation facilities, including buses and taxicabs
under the authority of the Village, and ticketing, boarding, and waiting
areas of public transit depots.
13.
Restaurants.
14.
Restrooms, lobbies, reception areas, hallways, and other common-use
areas.
15.
Retail stores.
16.
Rooms, chambers, places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee, or council, of the Village or a political subdivision of
the State when a public meeting is in progress, to the extent the
place is subject to the jurisdiction of the Village.
17.
Service lines.
18.
Shopping malls.
19.
Sports arenas, including enclosed places in outdoor arenas.
20.
Pool halls and billiard parlors.
21.
Subdivision homeowners' association facilities.
[Ord. No. 127, 5-14-2019]
A.
Smoking shall be prohibited in all enclosed facilities within places
of employment. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways,
medical facilities, cafeterias, employee lounges, stairs, restrooms,
vehicles, and all other enclosed facilities. Smoking is not prohibited
in vehicles if occupied exclusively by the driver, or if all passenger(s)
are smokers who consent.
B.
Smoking is not prohibited in the place of employment of a sole proprietor
with no other employee(s) or in a place of employment of any individual
who is the sole employee at a facility to which the public is not
invited nor in which the public is permitted, provided such place
of employment is located in a freestanding structure occupied solely
by the business, or:
1.
Is completely enclosed on all sides by solid walls extending
from the floor to the underside of the floor or roof deck above;
2.
Complies with all applicable fire and building code requirements;
and
3.
Has a separate ventilation system whereby the air from such
space is immediately exhausted to an outdoor area rather than being
recirculated inside and is negatively pressurized to prevent back
streaming of secondhand smoke into adjoining areas located in a freestanding
structure.
[Ord. No. 127, 5-14-2019]
A.
Smoking shall be prohibited in the following outdoor public places:
1.
Within a reasonable distance of twenty (20) feet outside entrances,
operable windows, and ventilation systems of enclosed areas where
smoking is prohibited, so as to prevent smoke from entering those
areas.
2.
In, and within twenty (20) feet of, bleachers and grandstands
for use by spectators at sporting and other public events.
3.
In, and within twenty (20) feet of, all outdoor playgrounds.
4.
In and within all Village parks except within any vehicle parked
in the parks' parking lot.
[Ord. No. 127, 5-14-2019]
A.
Notwithstanding any other provision of this Chapter to the contrary,
the following areas shall be exempt from the provisions of this Chapter:
1.
Private residences, except when used as a licensed child care,
licensed adult day care, or licensed health care facility.
2.
Private vehicles.
3.
Hotel and motel rooms that are rented to guests and are designated
as smoking rooms; provided, however, that not more than twenty percent
(20%) of rooms rented to guests in a hotel or motel may be so designated.
4.
Private and semi-private rooms in nursing homes and long-term
care facilities that are occupied by one (1) or more persons, all
of whom are smokers and have requested to the management thereof in
writing to be placed in a room where smoking is permitted.
5.
Outdoor areas of places of employment not otherwise prohibited
by this Chapter.
6.
Retail tobacco stores as defined in Section 235.010 of this Chapter in operation prior to the effective date of this Chapter (5-14-2019). Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if either: (a) it is located in a freestanding structure occupied solely by the business, or (b) it: (i) is completely enclosed on all sides by solid walls extending from the floor to the underside of the floor or roof deck above; (ii) complies with all applicable fire and building code requirements; and (iii) has a separate ventilation system whereby the air from such space is immediately exhausted to an outdoor area rather than being recirculated inside, and is negatively pressurized to prevent back streaming of secondhand smoke into adjoining areas located in a freestanding structure, and (c) it has posted at every entrance signage at a height and location conspicuous to persons entering the establishment, with primary lettering of not less than one (1) inch in height clearly stating:
"WARNING! Secondhand smoke causes coronary heart disease, lung
cancer, and premature death, according to the Surgeon General of the
United States."
Retail tobacco stores as defined in Section 235.010 of this Chapter in operation prior to the effective date of this Chapter (5-14-2019) shall, however, also be required to post the foregoing-described signage at every entrance at a height and location conspicuous to persons entering the establishment, with primary lettering of not less than one (1) inch in height in order to remain exempt under this Section.
7.
Patio areas of any restaurant, bar or other commercial establishment
designated by the owner or operator of the business as a smoking area;
provided, that no more than fifty percent (50%) of the patio area
shall be designated as a smoking area and no area shall be designated
as a smoking area if it must be crossed to obtain access to a non-smoking
area or a restroom.
8.
Private clubs except when a private club is being used for as
the site of a meeting, event or activity that is open to the public,
including but not limited to operating a bingo facility.
[Ord. No. 127, 5-14-2019]
Notwithstanding any other provision of this Chapter, an owner, operator, manager, or another 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 Section 235.080 is posted.
[Ord. No. 127, 5-14-2019]
A.
"No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) shall be clearly and conspicuously
posted at every public place and place of employment where smoking
is prohibited by this Chapter, by the owner, operator, manager, or
another person in control of that place.
B.
Every public place and place of employment where smoking is prohibited
by this Chapter shall have posted at every entrance a conspicuous
sign clearly stating that smoking is prohibited.
C.
All ashtrays and other smoking receptacles shall be removed from
any area where smoking is prohibited by this Chapter by the owner,
operator, manager, or other person having control of the area.
[Ord. No. 127, 5-14-2019]
No person or employer shall discharge, refuse to hire or in
any manner retaliate against an employee, applicant for employment,
or customer because that employee, applicant, or customer exercises
any rights afforded by this Chapter, files a complaint or reports
a violation of this Chapter.
[Ord. No. 127, 5-14-2019]
A.
Any person who desires to register a complaint under this Chapter
may initiate enforcement with the Village Manager.
B.
In addition to the remedies provided by the laws of the State of
Missouri, and the provisions of this Section, the Village Manager
or an authorized designee or any person aggrieved by the failure of
the owner, operator, manager, or other person in control of a public
place or a place of employment to comply with the provisions of this
Chapter may apply for injunctive relief to enforce the provisions
of this Chapter in any court of competent jurisdiction.
C.
Village staff shall, while an establishment is undergoing otherwise
mandated inspections, inspect for compliance with this Chapter.
D.
An owner, manager, operator or employee of an area regulated by this
Chapter shall direct a person who is smoking in violation of this
Chapter to extinguish the product being smoked. If the person does
not stop smoking, the owner, manager, operator, or employee shall
refuse service and shall immediately ask the person to leave the premises.
If the person in violation refuses to leave the premises, the owner,
manager, operator, or employee shall contact the Village Manager.
[Ord. No. 127, 5-14-2019]
A.
Any person who violates this Chapter shall first be given a written
warning. If the same person violates this Chapter a second or subsequent
time, then the fine schedule as applicable shall then be applied.
B.
A person who violates this Chapter by smoking in an area where smoking
is prohibited by the provisions of this Chapter shall be guilty of
an infraction, punishable by a fine not exceeding fifty dollars ($50.00)
for each infraction.
C.
A person who owns, manages, operates, or otherwise controls a public
place or place of employment and who fails to comply with the provisions
of this Chapter shall be guilty of an infraction, punishable by:
D.
In addition to the fines established by this Section, violation of
this Chapter by a person who owns, manages, operates, or otherwise
controls a public place or place of employment may result in the suspension
or revocation of the business license issued to conduct business at
the premises.
E.
Each day on which a violation of this Chapter occurs shall be considered
a separate and distinct violation.
[Ord. No. 127, 5-14-2019]
The Village Manager or an authorized designee may request other
governmental and educational agencies having facilities within the
Village to establish local operating procedures in cooperation and
compliance with this Chapter. This includes urging all Federal, State,
City, County and school district agencies to update their existing
smoking control regulations to be consistent with this Chapter.
[Ord. No. 127, 5-14-2019]
This Chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 127, 5-14-2019]
This Chapter shall be liberally construed so as to further its
purposes.
