[Ord. No. 3-2020, 3-10-2020]
The following words and phrases, whenever used in this Chapter,
shall be construed as defined in this Section:
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including, but not limited to, taverns, nightclubs, cocktail lounges,
and cabarets.
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 professional services are delivered; and private
clubs.
City of Branson West.
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
in any manner for the purpose of inhaling vapor or aerosol from the
product. The term includes any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, or a person who volunteers
his or her services for a non-profit entity.
A person, business, partnership, 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 a ceiling that is bounded on
at least two (2) sides by walls, doorways, or windows, whether open
or closed. A wall includes any retractable divider, garage door, or
other physical barrier, whether temporary or permanent and whether
or not containing openings of any kind.
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, long-term care facilities, homes for the aging
or chronically ill, laboratories, and offices of surgeons, chiropractors,
physical therapists, physicians, psychiatrists, dentists, and all
specialists within these professions. This definition shall include
all waiting rooms, hallways, private rooms, semiprivate rooms, and
wards within health care facilities.
A water pipe and any associated products and devices which
are used to produce fumes, smoke, and/or vapor from the burning of
material, including, but not limited to, tobacco, shisha, or other
plant matter.
An area under the control of a public or private employer,
including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways, construction sites, temporary offices, 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.
Any park or recreational area designed in part to be used
by children that has play or sports equipment installed or that has
been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds or on
City grounds.
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose,
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. § 501.
An event which is open to and may be attended by the general
public, including, but not limited to, such events as concerts, fairs,
farmers' markets, festivals, parades, performances, and other
exhibitions, regardless of any fee or age requirement.
An area to which the public is invited or in which the public
is permitted, including, but not limited to, banks, bars, educational
facilities, gambling facilities, health care facilities, hotels and
motels, laundromats, parking structures, public transportation vehicles
and 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 not a "public place" unless it is used as a
child care, adult day care, or health care facility.
Any public or private area open to the public for recreational
purposes, whether or not any fee for admission is charged, including,
but not limited to, amusement parks, athletic fields, beaches, fairgrounds,
gardens, golf courses, parks, plazas, skate parks, swimming pools,
trails, and zoos.
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.
An indoor or outdoor 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, including, but not limited
to, ATM lines, concert lines, food vendor lines, movie ticket lines,
and sporting event lines.
An enclosed or unenclosed 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, hookah, or any other lighted or heated tobacco
or plant product intended for inhalation, including marijuana, whether
natural or synthetic, in any manner or in any form. "Smoking" includes
the use of an electronic smoking device which creates an aerosol or
vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking
in this Chapter.
A place where people assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events,
including sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, and bowling alleys.
[Ord. No. 3-2020, 3-10-2020]
All enclosed areas, including buildings and vehicles owned,
leased, or operated by the City, as well as all outdoor property adjacent
to such buildings and under the control of the City shall be subject
to the provisions of this Chapter.
[Ord. No. 3-2020, 3-10-2020]
A.
Smoking shall be prohibited in all enclosed public places within
the City, including, but not limited to, the following places:
1.
Aquariums, galleries, libraries, and museums.
2.
Areas available to the general public in businesses and non-profit
entities patronized by the public, including, but not limited to,
banks, laundromats, professional offices, and retail service establishments.
3.
Bars.
4.
Bingo facilities.
5.
Child care and adult day care facilities.
6.
Convention facilities.
7.
Educational facilities, both public and private.
8.
Elevators.
9.
Gambling facilities.
10.
Health care facilities.
11.
Hotels and motels.
12.
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
13.
Parking structures.
14.
Polling places.
15.
Public transportation vehicles, including buses and taxicabs,
under the authority of the City, and public transportation facilities,
including bus, train, and airport facilities.
16.
Restaurants.
17.
Restrooms, lobbies, reception areas, hallways, and other common-use
areas.
18.
Retail stores.
19.
Rooms, chambers, places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee or council of the City, Stone County, or a political subdivision
of the State of Missouri, to the extent the place is subject to the
jurisdiction of the City.
20.
Service lines.
21.
Shopping malls.
22.
Sports arenas, including enclosed places in outdoor arenas.
23.
Theaters and other facilities primarily used for exhibiting
motion pictures, stage dramas, lectures, musical recitals, or other
similar performances.
[Ord. No. 3-2020, 3-10-2020]
A.
Smoking shall be prohibited in all enclosed areas of places of employment
without exception. This includes, without limitation, 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.
B.
This prohibition on smoking shall be communicated to all existing
employees by the effective date of this Chapter and to all prospective
employees upon their application for employment.
[Ord. No. 3-2020, 3-10-2020]
Smoking shall be prohibited in all private clubs.
[Ord. No. 3-2020, 3-10-2020]
[Ord. No. 3-2020, 3-10-2020]
A.
Smoking shall be prohibited in the following outdoor places:
1.
Within a reasonable distance of twenty-five (25) feet outside
entrances, operable windows, and ventilation systems of enclosed areas
where smoking is prohibited, so as to prevent tobacco smoke from entering
those areas.
2.
On all outdoor property that is adjacent to buildings owned,
leased, or operated by the City and that is under the control of the
City.
3.
In, and within twenty-five (25) feet of, outdoor seating or
serving areas of restaurants, bars, and gambling facilities.
4.
In outdoor shopping malls, including parking structures.
5.
In all outdoor arenas, stadiums, and amphitheaters. Smoking
shall also be prohibited in, and within twenty-five (25) feet of,
bleachers and grandstands for use by spectators at sporting and other
public events.
6.
In outdoor recreational areas, including parking lots.
7.
In, and within twenty-five (25) feet of, all outdoor playgrounds.
8.
In, and within twenty-five (25) feet of, all outdoor public
events.
9.
In, and within twenty-five (25) feet of, all outdoor public
transportation stations, platforms, and shelters under the authority
of the City.
10.
In outdoor common areas of apartment buildings, condominiums,
trailer parks, retirement facilities, nursing homes, and other multiple-unit
residential facilities, except in designated smoking areas, not to
exceed twenty-five percent (25%) of the total outdoor common area,
which must be located at least twenty-five (25) feet from outside
entrances, operable windows, and ventilation systems of enclosed areas
where smoking is prohibited.
[Ord. No. 3-2020, 3-10-2020]
Notwithstanding any other provision of this Chapter to the contrary,
smoking shall not be prohibited in private residences, unless used
as a child care, adult day care, or health care facility.
[Ord. No. 3-2020, 3-10-2020]
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 230.110(A) is posted.
[Ord. No. 3-2020, 3-10-2020]
A.
The owner, operator, manager, or other person in control of a place
of employment, public place, private club, or residential facility
where smoking is prohibited by this Chapter shall:
1.
Clearly and conspicuously post "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)
in that place.
2.
Clearly and conspicuously post at every entrance to that place
a sign stating that smoking is prohibited or, in the case of outdoor
places, clearly and conspicuously post "No Smoking" signs in appropriate
locations as determined by the City Administrator or an authorized
designee.
3.
Clearly and conspicuously post on every vehicle that constitutes
a place of employment under this Chapter at least one (1) sign, visible
from the exterior of the vehicle, stating that smoking is prohibited.
4.
Remove all ashtrays from any area where smoking is prohibited
by this Chapter, except for ashtrays displayed for sale and not for
use on the premises.
[Ord. No. 3-2020, 3-10-2020]
A.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Notwithstanding Section 230.140, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation.
B.
An employee who works in a setting where an employer allows smoking
does not waive or otherwise surrender any legal rights the employee
may have against the employer or any other party.
[Ord. No. 3-2020, 3-10-2020]
A.
This Chapter shall be enforced by the City Administrator or an authorized
designee, which may be the City's Police Department.
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 Administrator or the City Administrator's
designee 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 or turn off 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
a Law Enforcement Agency.
E.
Notwithstanding any other provision of this Chapter, an employee
or private citizen may bring legal action to enforce this Chapter.
F.
In addition to the remedies provided by the provisions of this Section,
the City Administrator 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.
[Ord. No. 3-2020, 3-10-2020]
A.
A person who smokes 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).
B.
Except as otherwise provided in Section 230.120(A), 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:
C.
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.
D.
Violation of this Chapter is hereby declared to be a public nuisance,
which may be abated by the City Administrator 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.
E.
Each day on which a violation of this Chapter occurs shall be considered
a separate and distinct violation.
[Ord. No. 3-2020, 3-10-2020]
The City Administrator 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.
[Ord. No. 3-2020, 3-10-2020]
This Chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 3-2020, 3-10-2020]
This Chapter shall be liberally construed so as to further its
purposes.
[Ord. No. 3-2020, 3-10-2020]
If any provision, clause, sentence, or paragraph of this Chapter
or the application thereof to any person or circumstances shall be
held invalid, that invalidity shall not affect the other provisions
of this Chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this Chapter are
declared to be severable.
[Ord. No. 3-2020, 3-10-2020]
This Chapter shall be effective thirty (30) days from and after
the date of its adoption.
[Ord. No. 3-2020, 3-10-2020]
Any ordinance to the contrary is hereby repealed.
