City of Maryville, MO
Nodaway County
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Table of Contents
Table of Contents

Section 235.010 Definitions.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
The following words and phrases, whenever used in this Article, shall be construed as defined in this Section:
BAR
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, and shall not include any outdoor area associated with sale or delivery of food or alcoholic beverages which is located as an extension of or adjacent to the enclosed area of the bar.
BUSINESS
Any enclosed area of a commercial establishment, including but not limited to, retail stores, banks, office buildings, offices, restaurants and bars.
EMPLOYEE
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.
EMPLOYER
A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
ENCLOSED AREA
All space between floor and ceiling that is more than eighty percent (80%) contained on all sides by permanent and non-movable walls that extend from the floor to the ceiling, and/or windows and doorways.
HEALTH CARE FACILITY
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.
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, and hallways. A private residence shall be deemed to be a place of employment only if it is used as a child care, adult day care, or health care facility.
PLAYGROUND
Any play structure designed in whole or in part to be used by children or others under eighteen (18) years of age or any similar facility located on public or private school grounds.
PRIVATE CLUB
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.
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 child care, adult day care, or 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.
SERVICE LINE
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.
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKE or SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, 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.

Section 235.020 Application of Article to Municipal Facilities.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
All enclosed areas owned, leased, or operated by the City of Maryville or Maryville Parks and Recreation shall be subject to the provisions of this Article.

Section 235.030 Prohibition of Smoking in Enclosed Public Places.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
Smoking shall be prohibited in all enclosed areas of public places within the City of Maryville, including, but not limited to, the following places:
1. 
Galleries, libraries, and museums.
2. 
Areas available to and customarily used by 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. 
Gaming facilities.
10. 
Health care facilities.
11. 
Hotels and motels.
12. 
Lobbies, hallways, and other common enclosed areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
13. 
Polling places.
14. 
Ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
15. 
Restaurants.
16. 
Restrooms, lobbies, reception areas, hallways, and other common-use enclosed areas.
17. 
Retail stores.
18. 
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 of Maryville or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City.
19. 
Service lines.
20. 
Shopping malls.
21. 
Sports arenas, including enclosed places in outdoor arenas.
22. 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.

Section 235.040 Prohibition of Smoking in Places of Employment.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
Smoking shall be prohibited in all enclosed areas within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.

Section 235.050 Prohibition of Smoking in Private Clubs.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
Smoking shall be prohibited in all enclosed areas owned, leased, maintained, operated or directed by any private club.

Section 235.060 Prohibition of Smoking in Enclosed Residential Areas.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
Smoking shall be prohibited in the following enclosed residential areas:
1. 
All private and semi-private rooms in nursing homes.
2. 
All hotel and motel rooms.

Section 235.070 Prohibition of Smoking in Outdoor Areas.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
Smoking shall be prohibited in the following outdoor places:
1. 
In and within ten (10) feet of all primary public entrances, open windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas.
2. 
In all outdoor arenas, stadiums, amphitheaters and concession stands at the same, and within ten (10) feet of bleachers and grandstands used or occupied by spectators at sporting and other public events.
3. 
In and within ten (10) feet of all outdoor public transportation stations, platforms, and shelters.
4. 
In all outdoor service lines.
5. 
Playgrounds.

Section 235.080 Where Smoking not Regulated.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of Sections 235.030 and 235.040:
1. 
Private residences, except when used as a child care, adult day care, or health care facility, or as provided in Section 235.060 or areas within the residence which are used for business purposes and to which the general public is provided access, in which instances the provisions of this Article prohibiting smoking shall apply.
2. 
Outdoor areas of places of employment except those covered by the provisions of this Article. If an outdoor area or park has areas which are designed as eating or recreation areas, and also has other areas which are designed as open areas, only those portions of the outdoor area which are described or defined within this Article shall be subject to the provisions of this Article.

Section 235.090 Declaration of Establishment as Non-Smoking.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
Notwithstanding any other provision of this Article, 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 this Article is posted.

Section 235.100 Compliance Requirements.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
An owner, commercial lessee, principal manager or other person in control of any establishment subject to the provisions of this Article shall:
1. 
Ask a person who is smoking to refrain from smoking and to extinguish all smoking materials.
2. 
Demand that the person leave the premises if the person refuses to comply with the provisions of this Article.
3. 
Refuse to serve a person who is in violation of this Article.
4. 
Take all other lawful steps to ensure compliance with the provisions of this Article.

Section 235.110 Enforcement.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
This Article shall be enforced by the Maryville Public Safety Department.
B. 
Notice of the provisions of this Article shall be given to all applicants for any alcohol license from the City of Maryville.
C. 
In addition to the remedies provided by the provisions of this Article, any person aggrieved by the failure of the owner, operator, manager, or other person in control of a facility or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction at such complainant's cost.

Section 235.120 Violations and Penalties.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
A. 
Any person who violates any provision of this Article shall be punished by a fine not to exceed five hundred dollars ($500.00) or up to ninety (90) days in jail, or combination of fine and imprisonment.
B. 
Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.

Section 235.130 Other Applicable Laws.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

Section 235.140 Severability.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.

Section 235.150 Effective Date.

[Ord. No. 7233 §§1 — 2, 8-9-2010]
This Article shall be effective October 1, 2010.