City of Florissant, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 8403, 3-28-2018]
It is the purpose of this Chapter to promote the health, safety and welfare of the residents of the City of Florissant by decreasing exposure to secondhand smoke; and to create smoke-free environments for workers, patrons and visitors to places of employment and all other public places within the City.
[Ord. No. 8403, 3-28-2018]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where context clearly indicates a different meaning:
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.
CASINO GAMING AREA
The area of a State-licensed gambling facility where gaming is allowed for those twenty-one (21) years of age and older, including any VIP lounge accessible only through the game floor, whether or not gaming is allowed in the VIP lounge.
CIGAR BAR
A business with a permit to sell alcoholic beverages that generates twenty-five percent (25%) or more of its quarterly gross revenue fro the sale of cigars and /or rental of humidor space, has a humidor on the premises and does not allow minors to enter the premises.
DRINKING ESTABLISHMENT
Any business with a valid license issued by the City (pursuant to Chapter 600 "Alcoholic Beverages") 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.
EMPLOYEE
Any person who performs services for an employer, with or without compensation.
EMPLOYER
A person, partnership, association, corporation, trust or other organized group of individuals, including the City 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 childcare, adult day 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 in 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 or a health care facility.
RESTAURANT
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, and 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.
SMOKING
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 sports events.
[Ord. No. 8403, 3-28-2018]
A. 
It shall be unlawful for any person within an enclosed place of employment 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.
B. 
It shall be unlawful for any person within an enclosed public place, or within any other places hereinafter specified, 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, including, but not limited to, the following places:
1. 
Elevators in public buildings.
2. 
Restrooms in public buildings.
3. 
Libraries, educational facilities, childcare and adult day care facilities, museums, auditoriums, aquariums and art galleries.
4. 
Any health care facility, health clinic or ambulatory care facilities, including, but not limited to: laboratories associated with the rendition of healthcare treatment, hospitals, nursing homes, doctors offices and dentists offices.
5. 
Any indoor place of entertainment or recreation, including, but not limited to, gymnasiums, theaters, concert halls, bingo halls, arenas and swimming pools.
6. 
Service lines.
7. 
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance.
8. 
Shopping malls or retail establishments.
9. 
Indoor and outdoor sports arenas.
10. 
Restaurants, including lounge and bar areas, except outdoor dining areas.
11. 
Convention facilities.
12. 
All indoor public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and mass transportation facilities.
13. 
Many other area used by public or serving as a place of work.
14. 
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 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.
15. 
All enclosed areas owned by the City.
16. 
Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
17. 
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.
C. 
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.
[Ord. No. 8403, 3-28-2018]
A. 
It shall be unlawful for any person having control of a place listed in this Chapter knowingly to permit, cause, suffer or allow any person to violate the provisions of this Chapter. 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.
B. 
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 no less than one (1) inch in height.
C. 
It shall be the responsibility of employers to provide smoke-free workplaces for all employees.
D. 
All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
[Ord. No. 8403, 3-28-2018]
Notwithstanding any other provisions in 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. No person shall smoke in places so declared and posted with signs pursuant to Section 250.040.
[Ord. No. 8403, 3-28-2018]
A. 
Notwithstanding any other provision of this Chapter to the contrary, the following shall not be subject to the smoking restrictions of this Chapter:
1. 
Private residences, not serving as enclosed places of employment or enclosed public places.
2. 
Private clubs.
3. 
Performers on stage in a theatrical production, where smoking is required as part of the production.
4. 
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.
5. 
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.
6. 
Permanently designated smoking rooms, not to exceed twenty percent (20%) of the guest rooms.
7. 
Cigar bars, provided that the smoke does not infiltrate into areas where smoking is otherwise prohibited.
8. 
Casino gaming areas.
9. 
Drinking establishments which are in operation on or before the effective date of this Chapter, 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 City pursuant to Chapter 250.