For the purpose of this Chapter, the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
BAR
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.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation,
limited liability company (LLC) 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 professional
services are delivered; and private clubs.
EMPLOYEE
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit and a person who volunteers
his or her services for a non-profit entity.
EMPLOYER
A person, business, partnership, limited liability company
(LLC), association, corporation, including a municipal corporation,
trust or non-profit entity that employs the services of one (1) or
more individual persons.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on
all sides by solid walls or windows (exclusive of doorways), which
extend from the floor to the interior ceiling.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases,
whether physical, mental or emotional.
PLACE OF EMPLOYMENT
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, private offices, 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 child care, adult day care or health care facility.
PRIVATE CLUB
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent or athletic purposes,
but not for pecuniary gain and which only sells alcoholic beverages
incidental to its operation. The affairs and management of the organization
are conducted by a board of directors, executive committee or similar
body chosen by the members at an annual meeting. The organization
has established bylaws and/or a constitution to govern its activities.
The organization has been granted an exemption from the payment of
Federal income tax as a club under 26 U.S.C. Section 501. A private
club is a "public place" when being used for a function to which the
general public is invited.
PUBLIC PLACE
An enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, educational
facilities, gaming facilities, health care facilities, hotels and
motels, laundromats, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments,
retail service establishments, retail stores, shopping malls, sports
arenas, theaters and waiting rooms. A private residence is a "public
place" when it is used as a child care, adult day care or health care
facility.
RESTAURANT
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 or elsewhere for serving elsewhere. The term "restaurant"
shall include a bar area within the restaurant.
RESTAURANT/BAR
Any establishment having a restaurant or similar facility
on the premises at least fifty percent (50%) of the gross income of
which is derived from the sale of prepared meals or food consumed
on such premises or which has an annual gross income of at least two
hundred thousand dollars ($200,000.00) from the sale of prepared meals
or food consumed on such premises where alcohol is served.
RETAIL TOBACCO STORE
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.
SERVICE LINE
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.
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product, or any medical marijuana
or marijuana-infused product, in any manner or in any form.
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks 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.
All enclosed facilities, including buildings and vehicles owned,
leased or operated by the City, shall be subject to the provisions
of this Chapter.
Smoking shall be prohibited in all enclosed public places, except
as defined by Section 191.769, RSMo., (2 — 4) and
(6) within the City.
Smoking shall be prohibited in all enclosed facilities within
places of employment, except those businesses where smoking is not
regulated. Smoking is not prohibited in vehicles if occupied exclusively
by the driver or if all passenger(s) consent. 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 or in a place of
employment where smoking is not regulated.
Any establishment where smoking is not regulated must post 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. Smoking is not regulated
in this establishment."
Notwithstanding any other provision of this Chapter, 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. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section
270.100 is posted.
The City shall engage in a continuing program to explain and
clarify the purposes and requirements of this Chapter to citizens
affected by it and to guide owners, operators and managers in their
compliance with it. The program may include publication of a brochure
for affected businesses and individuals explaining the provisions
of this Chapter.
This Chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.