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Legislation #: 150963 Introduction Date: 11/12/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, WAGNER, REED, JAMES, JR., FOWLER, HALL, MCMANUS AND CANADY
Title: Amending Chapter 34, Code of Ordinances, by enacting a new Article XVII entitled “Vapor Products,” consisting of Sections 34-700 through 34-708, for the purpose of prohibiting the use of vapor products in enclosed public areas.

Legislation History
DateMinutesDescription
11/12/2015 Filed by the Clerk's office
11/12/2015 Referred to Neighborhoods and Public Safety Committee
11/18/2015 Advance and Do Pass, Debate
11/19/2015 Passed

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FileTypeSizeDescription
Platte County 150963.pdf Other 201K Notice of Results Platte County
Clay County 150963.pdf Other 114K Notice of Results Clay County
Cass County 150963.pdf Other 54K Notice of Results Cass County
Notice of Intent.150963 Clay County results.pdf Other 115K Notice of Intent Clay County Results
Notice of Intent.150963 KCEB results-001.pdf Other 3813K Notice of Intent KCEB Results
Notice of Intent.150963 Platte County results.pdf Other 93K Notice of Intent Platte County Results
Notice of Intent.Notice of Insufficiency.pdf Other 49K Notice of Intent/Insufficiency
150963.pdf Authenticated 395K 150963
150963 fact sheet.pdf Fact Sheet 158K 150963 Fact Sheet

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ORDINANCE NO. 150963

 

Amending Chapter 34, Code of Ordinances, by enacting a new Article XVII entitled “Vapor Products,” consisting of Sections 34-700 through 34-708, for the purpose of prohibiting the use of vapor products in enclosed public areas.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 34, Code of Ordinances is hereby amended by enacting a new Article XVII entitled “Vapor Products,” consisting of Sections 34-700 through 34-708, for the purpose of prohibiting the use of vapor products in enclosed public areas, said Article to read as follows:

 

ARTICLE XVII. VAPOR PRODUCTS

 

Sec. 34-700. Purpose.

 

It is the purpose of this Article that the city promotes public health by decreasing citizen and employee secondhand exposure to vapor products in public places and places of employment.

 

Sec. 34-701. Definitions.

 

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Acute care hospital means hospitals licensed as such under RSMo ch. 197.

 

Bar means 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.

 

Casino gaming area means the area of a state-licensed excursion gambling boat where gaming is allowed for those 21 years of age or older.

 

Director of health means the director of health of the City of Kansas City, Missouri or his or her designees.

 

Distribute means to convey to the public by sale, barter, gift or sample.

 

Employee means any person who performs services for an employer, with or without compensation.

 

Employer means a person, partnership, association, corporation, trust, or other organized group of individuals, including the city or any agency thereof, which utilizes the services of one or more employees.

 

Enclosed means 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. Open windows or the absence of windows shall not make a place unenclosed.

 

Permanently designated means a hotel or motel room may be designated as a smoking room only one time pera year.

 

Place of employment means 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.

 

Proof of age means a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.

 

Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to vehicles for hire such as taxis and buses, elevators, restrooms, schools and day care facilities, concert halls, theaters, retail stores, sports arenas, rooms in which meetings or hearings that are open to the public are held during such time as a public meeting is in progress, restaurants and bars, banks, educational facilities, health facilities, laundering facilities, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place."

 

Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives at no cost or offers at no cost or 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 an attached bar.

 

Sample means a product distributed to members of the general public at no cost for product promotional purposes.

 

Under direct supervision means in the plain vision of an employee or owner of a retail business during regular business hours.

 

Vapor product means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, which can be used to produce vapor in a solution or other form. While many vapor products contain nicotine, the presence of nicotine is not required for a product to be considered a vapor product. 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 or flavoring 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.

 

Vending machine means any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses products.

 

Sec. 34-702. Vapor use prohibited; Where.

 

(a) No person shall use vapor products in an enclosed place of employment within the city.

 

(b) No person shall use vapor products in an enclosed public place within the city.

 

(c) No person shall use vapor products on public sidewalks abutting acute care hospital property lines.

 

(d) No person shall use vapor products in a manner that impedes entrance to or exit from a building where the use of vapor products is prohibited pursuant to this section.

 

Sec. 34-703. Responsibilities of proprietors, owners and managers.

 

(a) No person having control of a place listed in this Article shall knowingly permit, cause, suffer or allow any person to violate the provisions of this Article in that place. 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 use of vapor products be stopped and has asked the person to leave the establishment if that person has failed or refused to stop the use of vapor products.

 

(b) A smoking policy that includes the use of vapor products shall be communicated to all employees within four weeks of the adoption of this ordinance.

 

Sec. 34-704. Exceptions.

 

Notwithstanding any other provision of this Article to the contrary, the following shall not be subject to the smoking restrictions of this Article:

 

(a) Private residences, not serving as enclosed places of employment or enclosed public places;

 

(b) Hotel and motel rooms that have been designated as smoking rooms pursuant to other city ordinances;

 

(c) Casino gaming areas; and

 

(d) Business establishments that do not sell or serve food or alcoholic beverages where more than 80 percent of the volume of trade or business carried on is that of the blending of tobaccos, or the sale of tobaccos, pipes, vapor products, cigars or smokers' sundries and smoking-related paraphernalia, provided that:

 

(1) The establishment is the sole occupant of a building that stands alone from other buildings; or

 

(2) Has separate heating, ventilation and air conditioning equipment that vents or exchanges air outside of the building or structure in which the business establishment is situated which prevents the mixing of air from the establishment with air from the other portions of the premises where smoking is prohibited under the provisions of this Article; and

 

(3) Does not allow those under the age of 18 years old into the areas where the possession of lighted smoking materials or use of vapor products occurs.

 

Sec. 34-705. Penalty for violation of this Article.

 

(a) A person found in violation of Section 34-702 shall be guilty of an ordinance violation, punishable by a fine not exceeding $50.00.

 

(b) A person found in violation of Section 34-703 shall be shall be guilty of an ordinance violation, punishable by:

 

(1) A fine not exceeding $100.00 for a first violation.

 

(2) A fine not exceeding $200.00 for a second violation within a one-year period.

 

(3) A fine not exceeding $300.00 for a third or subsequent violations within a one-year period.

 

(c) Each day on which a violation of this Article occurs shall be a separate and distinct violation.

 

(d) It shall be prima facie evidence for purposes of this Article that the substance within a package or container is a vapor product if the product package or container has affixed to it a manufacturer's label which identifies it a vapor product.

 

Sec. 34-706. Construction.

 

This Article shall be liberally construed so as to further its purposes. The provisions of this Article are severable. If any provision or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This Article shall not be interpreted or construed to permit smoking or the use of vapor products where it is otherwise restricted by other applicable laws.

 

Sec. 34-707. Effective dates.

 

This ordinance will become effective 60 days after passage by the City Council of Kansas City, Missouri.

 

Sec. 34-708. Enforcement of Article.

 

(a) The authority to administer the provisions of this Article is vested in the director of health, the director of neighborhoods & housing services through its regulated industries division and the Kansas City, Missouri Police Department.

 

(b) Whenever the need arises, the directors of health may call upon other departments of the city to aid in the enforcement of the provisions of this Article.

 

(c) Notice of the provisions of this Article shall be given to all applicants for a business license in the city.

 

(d) Any citizen who desires to register a complaint under this Article may initiate enforcement with the health department.

 

Secs. 34-709—34-720. Reserved.

 

________________________________________________

Approved as to form and legality:

 

 

___________________________________

Joseph A. Guarino

Assistant City Attorney