For the purpose of this Chapter, the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
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.
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.
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.
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.
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.
An office or institution providing care or treatment of diseases,
whether physical, mental or emotional.
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.
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.
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.
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.
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.
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 lighted tobacco product, or any medical marijuana
or marijuana-infused product, in any manner or in any form.
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.
A.
Smoking shall be prohibited in the following outdoor places:
1.
Within a reasonable distance of one hundred (100) feet outside
entrances, operable windows and ventilation systems of enclosed areas
where smoking is prohibited, so as to ensure that tobacco smoke does
not enter those areas.
2.
In all private outdoor arenas, stadiums, skate parks, ball fields
and amphitheaters, except in designated smoking areas, which may be
established only in perimeter areas at least one hundred (100) feet
from any seating areas or concession stands. Smoking shall also be
prohibited in and within one hundred (100) feet of bleachers and grandstands
for use by spectators at sporting and other public events.
3.
In all City park property.
4.
In all public transit stations, platforms and shelters under
the authority of the City.
A.
Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of Sections 270.030, 270.040 and 270.050:
1.
Private residences, except when used as a childcare, adult day
care or health care facility.
2.
Private clubs, except when being used for a function to which
the general public is invited; provided that smoke from such clubs
does not infiltrate into areas where smoking is prohibited under the
provisions of this Chapter.
4.
Businesses licensed as restaurant bars or bars, as defined in
this Chapter, as of the effective date of this Chapter.
5.
Businesses licensed as bars, as defined in this Chapter, subsequent
to the effective date of this Chapter.
6.
Performers upon the stage provided the smoking is a required
part of a theatrical production.
7.
Any property owned or leased by a State or Federal governmental
agency.
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.
A.
"No Smoking" signs shall be clearly and conspicuously posted in every
public place and place of employment where smoking is prohibited by
this Chapter, by the owner, operator, manager or other 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. Every vehicle that
constitutes a place of employment under this Chapter shall have at
least one (1) conspicuous sign, visible from the exterior of the vehicle,
clearly stating that smoking is prohibited.
C.
All ashtrays 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.
A.
This Chapter shall be enforced by the City Code Enforcement Officer,
Police Department, or City Manager.
B.
Notice of the provisions of this Chapter shall be given to all applicants
for a business license in the City.
C.
Any citizen who desires to register a complaint under this Chapter
may initiate enforcement with the City Code Enforcement Officer.
D.
The Code Enforcement Officer shall, while an establishment is undergoing
otherwise mandated inspections, inspect for compliance with this Chapter.
E.
An owner, manager, operator or employee of an establishment regulated
by this Chapter shall inform persons violating this Chapter of the
provisions of this Chapter.
F.
Notwithstanding any other provision of this Chapter, an employee
or private citizen may bring legal action to enforce this Chapter.
G.
In addition to the remedies provided by the provisions of this Section,
the Code Enforcement Officer 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 those provisions
in any court of competent jurisdiction.
A.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code.
B.
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 any permit or license issued to the person for the
premises on which the violation occurred.
C.
Violation of this Chapter is hereby declared to be a public nuisance
which may be abated by the Code Enforcement Officer by restraining
order, preliminary and permanent injunction or other means provided
for by law and the City may take action to recover the costs of the
nuisance abatement.
D.
Each day on which a violation of this Chapter occurs shall be considered
a separate and distinct violation.
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.
