The following words and phrases, whenever used in this chapter, shall be construed as defined in this Section 7.16.011 of the code:
A. 
"Access point"
means the area within a ten foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempt pursuant to Section 7.16.014 of this chapter.
B. 
"Business(es)"
means any 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.
C. 
"City"
means the city of Valley Center, Kansas.
D. 
"Employee(s)"
means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
E. 
"Employer"
means any person, partnership, corporation, including a municipal corporation, or a non-profit entity, which employs the service of one or more individual persons.
F. 
"Enclosed area"
means all space between the floor and ceiling which is enclosed on all sides by solid Walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structure. For the purpose of this chapter, the following shall not be considered an enclosed area:
1. 
Rooms or areas enclosed by walls or windows having neither a ceiling nor a roof and which are completely open to the elements and weather at all times;
2. 
Rooms or areas enclosed by walls or windows and a roof or ceiling, having an opening of at least thirty (30) percent of the total perimeter of wall area completely and permanently open to the elements and weather.
G. 
"Food service establishment"
means any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such terms shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside kitchen, commissary and other private, public or nonprofit organization or institution routinely serving food, or any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
H. 
"Licensed Premises"
shall mean any premises where alcoholic liquor or cereal malt beverages, or both, by individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishment, class A private clubs, class B private clubs, or cereal malt beverage retailers, all as defined by K.S.A. 41, and amendments thereto.
I. 
"Medical care facility"
means a physician's office, general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-435, and amendments thereto, and any psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto.
J. 
"Outdoor recreational facility"
means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.
K. 
"Place(s) of employment"
means any enclosed area under the control of a public or private employer which employees 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 childcare, adult day care or health care facility.
L. 
"Private club"
means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.
M. 
"Private place(s)"
means any enclosed area to which the public is not invited or in which the public is not permitted, including, but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a private place.
N. 
"Public meeting"
means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and amendments thereto, or any other law of the state.
O. 
"Public place(s)"
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:
1. 
Elevators;
2. 
Restrooms, lobbies, reception areas, hallways, and any other common use areas;
3. 
Buses, bus terminals, taxicabs, train stations, airports, and other facilities and means of public transit under the authority of the city, as well as ticket, boarding, and waiting areas of public transit depots;
4. 
Vehicle sales and/or service facilities, including service stations;
5. 
Retail stores;
6. 
All areas available to and customarily used by the general public in all business and non-profit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, laundromats, hotels, and motels;
7. 
Food service establishments and licensed premises, excluding areas of a food service establishment or licensed premises that are not enclosed, such as patios, outdoor dining areas, and courtyards;
8. 
Galleries, libraries, and museums; 9.
9. 
Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that a performer may smoke when smoking is a part of the stage production;
10. 
Sports arenas or convention halls, including bowling facilities;
11. 
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agency of the city 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 city;
12. 
Waiting rooms, hallways, wards, private and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
13. 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
14. 
Polling places;
15. 
Private clubs and fraternal organization facilities;
16. 
Drinking establishments and taverns.
P. 
"Retail tobacco store(s)"
means a retail store utilized primarily for the sale of tobacco products and accessories and which derives not less than sixty-five (65) percent of its gross receipts from the sale of tobacco.
Q. 
"Smoking"
means possession of a cigarette, cigar, or pipe partially or wholly consisting of, or containing burning vegetation, or possession of any other device containing burning vegetation that is used for the introduction of smoke from the burning vegetation into the human body. For the purpose of this definition, the term vegetation includes, but is not limited to, tobacco, but does not include any controlled substance listed in K.S.A. 65-4105 through K.S.A. 65-4113, inclusive, and amendments thereto.
R. 
"Sports arena"
means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller or ice rinks, bowling alleys or other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
S. 
"Substantial dues or membership fee requirements"
means initiations costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nominal and implemented to otherwise avoid or evade restrictions of a statewide ban on smoking.
T. 
"Wall"
means a side of a room, building or structure connecting the floor and ceiling or foundation and roof, including temporary, moveable, and retractable sides.
(Ord. 1207, § 1, 7-6-2010)
A. 
Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee.
B. 
Employers will post "no smoking" signs in compliance with Section 7.16.015 of this code of the city in enclosed areas in places of employment.
C. 
It shall be unlawful to smoke in an enclosed area in a place of employment where a sign in compliance with Section 7.16.015 of this code has been posted.
(Ord. 1207, § 1, 7-6-2010)
Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. 
Private residences, except when used as a childcare, as defined in K.S.A. 65-530, and amendments thereto;
B. 
Portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home that is fully enclosed and ventilated;
C. 
Portion of licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
D. 
Gaming floors of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
E. 
Hotel or motel rooms rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed more than twenty (20) percent;
F. 
Retail tobacco stores;
G. 
Outdoor areas of any building or facility beyond the access points of such building or facility;
H. 
Private clubs in designated areas where minors are prohibited; and
I. 
Class A or class B clubs defined in K.S.A. 41-2601, and amendments thereto, which:
1. 
Held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and
2. 
Notifies the Kansas Secretary of Health and Environment and city clerk in writing, not later than ninety (90) days after the effective date of this chapter, that it wishes to continue to allow smoking on its premises.
J. 
Private places.
(Ord. 1207, § 1, 7-6-2010)
A. 
The owner, manager or other person having control of a public place, or other area where smoking is prohibited by this chapter, shall post or cause to be posted signs, clearly stating that smoking is prohibited, conspicuously posted at each entrance and within the building or other areas where smoking is prohibited.
B. 
"No smoking" signs shall have lettering of not less than one-inch in height. The international "no smoking" symbol shall be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).
(Ord. 1207, § 1, 7-6-2010)
The city police department and/or other city officials and/or other authorized inspectors shall inspect businesses within the city to ensure compliance with this chapter.
(Ord. 1207, § 1, 7-6-2010)
A. 
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any public place, or other area where smoking is prohibited under this chapter to allow smoking to occur when such person:
1. 
Has knowledge that smoking is occurring, and;
2. 
Acquiesces to the smoking under the totality of the circumstances.
B. 
It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
C. 
Any person who violates any provision of this Article shall be guilty of a cigarette or tobacco infraction as defined in K.S.A. 21-3105, and amendments thereto and publishable by a fine as prescribed in K.S.A. 21-4012, and amendments thereto.
(Ord. 1207, § 1, 7-6-2010)