As used in this Article, the following words shall have the
meanings indicated:
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.
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 other
governmental body or any agency thereof, which utilizes the services
of at least one (1) employee.
ENCLOSED AREA
Any indoor space and any space bound by walls (with or without
windows or doors) or similar partitions on at least three (3) sides
that effectively divide space from the floor to ceiling, 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, designed for human
occupancy in which people congregate including for amusement, entertainment,
eating, drinking, education, labor, or similar purposes, including,
but not limited to, bars and restaurants.
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 per
calendar 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 or health care facility.
PRIVATE CLUB
A not-for-profit organization incorporated or chartered by
law for fraternal or social purposes, 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 or that has employees
and meets the definition of place of employment. 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. A private club
shall not be considered a "place of employment" by reason of the occasional
use of independent contractors, such as caterers that have their own
employees, in the club's enclosed areas.
PUBLIC MEETING
A gathering in person of members of a governmental body,
whether in open or closed session, as defined in Chapter 610, RSMo.
PUBLIC PLACE
Any enclosed area or service line to which the public is
invited or in which the public is permitted. A private residence is
not a "public place" unless it is used as a child care, adult day
care, or health care facility. Outdoor areas are not "public places"
as defined herein, other than service lines.
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. A service line is a public
place. People waiting inside their cars, such as in a drive-thru line,
shall not be considered to be in a "service line" as defined herein.
SMOKING
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
SMOKING SHELTER
An accessory structure that meets all applicable provisions
of the zoning and building codes, with a maximum size of two hundred
(200) square feet, that is detached from principal buildings, that
is located more than twenty-five (25) feet from entrances, exits,
operable windows and ventilation intakes of public places and places
of employment, in which there is no service, possession or consumption
of food or alcoholic beverages, and that is no more than seventy-five
percent (75%) enclosed at any time. The percentage of enclosure shall
be calculated based on the elevation area below the roof of all elevations.
For calculation purposes, screens are not considered to be enclosures
but louvers, windows and other solid materials qualify as enclosures.
No other wall, fence, roof overhang or other obstruction of any kind
may be located within five (5) feet of the openings if they have the
effect of blocking the free flow of air through the required opening.
The authority to administer and enforce the provisions of this
Article is vested with the Chief of Police and his/her duly authorized
representative(s) except in the case of City-owned facilities wherein
the City Administrator shall have the authority to administer and
enforce the provisions of this Article.