[CC 1991 §15-1; Ord. No. 453 §1, 4-11-1972]
The Health Commissioner of the County shall serve as Health Commissioner of the City and shall exercise general supervision over the public health within the City with all powers and duties appertaining thereto according to law.
[CC 1991 §15-2; Ord. No. 453 §§2 — 4, 4-11-1972]
The Mayor is authorized to enter into on behalf of the City a contract with the County, whereby the County shall provide the services of trained Health Department personnel to carry out a public health and sanitation program within the City including dog catching and rabies control service, general sanitation and food inspection, and such other services and activities excepting mosquito control, as the County Health Commissioner may at any time, and from time to time, determine to be necessary and within the facilities and capabilities of the County's Department of Public Health; all terms and provisions of the contract shall be such as the Mayor approves.
Editor's Note — Ord. no. 2011-1642 §1, adopted January 18, 2011, repealed sections 230.030 — 230.070 of article II "smoking regulations" and enacted new provisions set out in section 230.030. Former sections 230.030 — 230.070 derived from CC 1991 §§15-153 — 15-157; ord. no. 94-1002 §§1 — 2, 6-21-1994.
[Ord. No. 2011-1642 §1, 1-18-2011]
Definitions. As used in this Section, the following terms shall mean as follows:
- 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.
- The City of Frontenac, Missouri.
- DIRECTOR OF REVENUE
- The Director of Revenue of St Louis County.
- DRINKING ESTABLISHMENT
- Any business with a valid license issued by the City to sell intoxicating liquor by the drink or to sell beer and light wine by the drink whose on-site sales of food for consumption on the premises comprises no more than twenty-five percent (25%) of gross sales of food and both alcoholic and non-alcoholic beverages on an annual basis.
- Any person who performs services for an employer with or without compensation.
- A person, partnership, association, corporation, trust or other organized group of individuals, including the City and County or any agency thereof, which utilizes the services of at least one (1) employee.
- ENCLOSED AREA
- A space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and hallways.
- PERMANENTLY DESIGNATED SMOKING ROOM
- A hotel or motel room that may be designated as a smoking room, with such designation being changeable only one (1) time a year.
- PLACE OF EMPLOYMENT
- Any enclosed area under the control of a public or private employer which employees normally 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 child care, adult day care, respite care or health care facility.
- PRIVATE CLUB
- A not-for-profit organization incorporated under the laws of the State of Missouri for fraternal or social purposes or for a congressionally chartered veterans' organization, which has a defined membership and restricts admission to members of the club and their guests. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall not be considered a "public place" except when it is the site of a meeting, event or activity that is open to the public.
- PUBLIC PLACE
- Any enclosed or other area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, reception areas, health facilities, laundering facilities, public transportation facilities, production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, respite 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 provides 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 and lounge area within the restaurant.
- SERVICE LINE
- Any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
- SHOPPING MALL
- An enclosed 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 or other tobacco product.
- SPORTS ARENA
- Sports pavilions, gymnasiums, health spas, boxing arenas, outdoor and indoor swimming pools, outdoor athletic fields, outdoor and indoor roller and ice skating rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sporting events.
Prohibition Of Smoking In Enclosed Places Of Employment And Other Public Places.
It shall be unlawful for any person to possess lighted or heated smoking materials in any form including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco products, within an enclosed place of employment.
It shall be unlawful for any person to possess lighted or heated smoking materials in any form including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco products within an enclosed public place or within any other places hereinafter specified:
In any public building or vehicle owned or operated by the City.
Elevators in public buildings.
Restrooms in public buildings.
Libraries, educational facilities, child care and adult day care facilities, respite care facilities, museums, auditoriums, aquariums and art galleries.
Any health care facility, health clinic or ambulatory care facilities, including, but not limited to: laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices.
Any indoor place of entertainment or recreation including, but not limited to, gymnasiums, theaters, concert halls, bingo halls, arenas and swimming pools.
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance.
Shopping malls or retail establishments.
Indoor and outdoor sports arenas.
Restaurants, including lounge and bar areas except outdoor dining areas which are not "enclosed areas" as defined in this Section.
All indoor public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and mass transportation facilities.
Any other area used by the public or serving as a place of work.
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including, but not limited to, joint committees, or agencies of the City or County 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.
Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
Sidewalks, driveways and other open areas within fifteen (15) feet of the entry to any building owned or occupied by any governmental entity, or within fifteen (15) feet of the entry to any building open to the public; provided however, that this entryway prohibition shall not apply within outside dining areas where smoking is permitted or to entries that are located less than fifty (50) feet from another public entry.
It shall be unlawful to dispose of smoking waste, or to place or maintain a receptacle for smoking waste, in an area in which smoking is prohibited under this Chapter.
Responsibilities Of Proprietors, Owners And Managers.
It shall be unlawful for any person having control of a place listed in this Section to knowingly permit, cause, suffer or allow any person to violate the provisions of this Section. It shall be an affirmative defense to an alleged violation of this Subsection that the person having control of a place has asked that the lighted or heated cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted or heated cigarette, cigar, pipe or other tobacco product.
A person having control of a place shall 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) near all entrances where smoking is prohibited pursuant to this Chapter. Such signage shall consist of letters not less than one (1) inch in height.
It shall be the responsibility of employers to provide smoke-free workplaces for all employees.
All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
Declaration Of Establishment As Non-Smoking. Notwithstanding any other provision of this Section, an owner, operator, manager, other person in control of an establishment, facility, or outdoor area may declare that the entire establishment, facility or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to this Section.
Exceptions. Notwithstanding any other provision of this Section to the contrary, the following shall not be subject to the smoking restrictions of this Section:
Private residences, not serving as enclosed places of employment or enclosed public places;
Performers on stage in a theatrical production, where smoking is required as a part of the production;
Private and semi-private rooms in nursing homes and long-term care facilities the residents of which are all smokers and have all requested the management of the facility to be placed in a room where smoking is permitted;
Retail establishments in which food is not prepared on the premises and where more than sixty percent (60%) of the volume of trade or business carried on is the sale of tobacco and tobacco-related products;
Permanently designated smoking rooms, not to exceed twenty percent (20%) of the guest rooms;
Cigar bars, provided the entity is in operation on or before the effective date of this Section, and provided further, that smoke does not infiltrate into areas where smoking is otherwise prohibited;
Drinking establishments which are in operation on or before the effective date of this Section; provided however, that no smoke infiltrates into areas where smoking is otherwise prohibited, and further provided, that each such drinking establishment has posted in a place visible to the public from its exterior a certificate of exemption issued by the St Louis County Department of Revenue pursuant to the County Indoor Clean Air Act. A copy of such exemption shall also be provided to the City Clerk.
Section Not To Preclude More Extensive Prohibitions By Proprietors, Owners Or Managers. Nothing in this Section shall be construed or applied in such a manner as to interfere with or prohibit a property owner, business operator or public entity, including the City, from more broadly prohibiting smoking on or about their property or from prohibiting smoking in areas, at times, or under conditions which do not fall within the prohibitions established by this Section or the County Indoor Clean Air Act.
Notice To License Applicants. Notice of the provisions of this Section shall be given to all applicants for licenses issued by the City pertaining to the use of property for business or commercial purposes to which the public will be invited or permitted.
Certificates Of Exception To Qualified Drinking Establishments. The owner or operator of a drinking establishment which seeks a smoking exemption shall first obtain and file with the City Clerk a copy of a current certificate issued by the Director of Revenue attesting that the establishment satisfies the criteria for such exemption. No exemption shall be granted to any establishment not having and maintaining a valid exemption certificate from St. Louis County.
Enforcement. The Police Department and the Building Commissioner and their authorized representatives shall enforce this Section. Nothing herein shall be construed to limit the authority of the Fire Marshal neither to designate additional locations in which smoking shall be prohibited nor to repeal any order of the Fire Marshal prohibiting smoking in any location.