City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 13-188 §1, 10-1-2013[1]]
This Chapter shall be known as "Smoking and Non-Smoking Establishment Sign Regulations."
[1]
Editor's Note: Section 4 of this ordinance provided an effective date of 1-1-2014.
[Ord. No. 13-188 §1, 10-1-2013]
[Ord. No. 13-188 §1, 10-1-2013]
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
BUSINESS
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.
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 licensed child-care, licensed adult day-care or licensed health-care facility.
PUBLIC PLACE
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, gaming facilities, health-care facilities, hotels and motels, laundromats, 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 licensed child-care, licensed adult day-care or licensed 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 for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant and outdoor seating areas.
SMOKING
Inhaling, exhaling, burning or carrying any ignited, lighted or heated cigar, cigarette, pipe or other smoking product, equipment or apparatus involving tobacco or other plant material or nicotine in any form, except shall not include a vapor product.
[Ord. No. 15-051 §1, 3-17-2015; Ord. No. 15-105 §1, 5-19-2015]
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means and does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the United States Food, Drug, and Cosmetic Act or any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
[Ord. No. 15-105§1, 5-19-2015]
[Ord. No. 13-188 §1, 10-1-2013; Ord. No. 15-105§2, 5-19-2015]
An owner, operator, manager or other person in control of a business, place of employment, public place and restaurant shall post a sign conforming to the requirements of Section 260.050 that identifies the entire business, place of employment, public place or restaurant as a place where smoking or the use of vapor products is prohibited or smoking or the use of vapor products is permitted.
[Ord. No. 13-188 §1, 10-1-2013; Ord. No. 14-084 §1, 4-15-2014; Ord. No. 15-105§3, 5-19-2015]
Every business, place of employment, public place or restaurant shall be clearly and conspicuously posted at every entrance with a sign clearly stating that smoking or the use of vapor products is prohibited or that smoking or the use of vapor products is permitted. For establishments that prohibit smoking or the use of vapor products in certain areas of the establishment and permit smoking or the use of vapor products in certain areas of the establishment, each area of the establishment shall be clearly and conspicuously posted at every entrance to the area where smoking or the use of vapor products is prohibited or smoking or the use of vapor products is permitted with a sign clearly stating that smoking or the use of vapor products is prohibited or that smoking or the use of vapor products is permitted. An establishment may, at its own discretion, permit or prohibit smoking while at the same time permitting or prohibiting the use of vapor products, so long as appropriate signage is posted. Such signage shall consist of letters not less than one (1) inch in height or the universal smoking or no-smoking symbol, or similar symbols permitting or prohibiting the use of vapor products, not less than two and one-half (2.5) inches by two and one-half (2.5) inches when squared off.
[Ord. No. 13-188 §1, 10-1-2013]
A. 
This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
B. 
The sign-posting requirements of this Chapter shall be exempt from the requirements of Chapter 400, Article XVI, Sign Regulations, and Article II, District Regulations, Division 2, "SD" Superimposed District Regulations, Sections 400.300 through 400.380.
[Ord. No. 13-188 §1, 10-1-2013]
Violation of this Chapter is punishable under Section 100.150.
[Ord. No. 13-188 §1, 10-1-2013]
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.