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Legislation #: 080911 Introduction Date: 9/4/2008
Type: Ordinance Effective Date: 10/5/2008
Sponsor: COUNCILMEMBER FORD
Title: Amending Chapter 34, Code of Ordinances, Article XII. Smoking prohibited in enclosed places of employment and public places and public sidewalks abutting acute care hospitals, by repealing Section 34-472, Definitions, and enacting in lieu thereof a new Section 34-472 of like title and subject matter, changing the definition of casino gaming area.

Legislation History
DateMinutesDescription
9/4/2008 Filed by the Clerk's office
9/4/2008 Referred to Public Safety and Neighborhoods Committee
9/10/2008 Hold On Agenda (9/17/2008)
9/17/2008 Do Pass as a Committee Substitute
9/18/2008 Assigned Third Read Calendar as Substituted
9/25/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080911.pdf Authenticated 117K Authenticated
Smoking Amendment Factsheet (Casino Redifined).docx Fact Sheet 16K Factsheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080911

 

Amending Chapter 34, Code of Ordinances, Article XII. Smoking prohibited in enclosed places of employment and public places and public sidewalks abutting acute care hospitals, by repealing Section 34-472, Definitions, and enacting in lieu thereof a new Section 34-472 of like title and subject matter, changing the definition of casino gaming area.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 34, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 34-472, Definitions, and enacting in lieu thereof a new Section 34-472 of like title and subject matter, to read as follows:

 

Sec. 34-472. 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 Chapter 197 of the Revised Statutes of Missouri (RSMo).

 

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.

 

City Attorney means the City Attorney for the City of Kansas City, Missouri or his or her designee.

 

Director of Health means the Director of Health of the City of Kansas City, Missouri or his or her designee.

 

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 (1) 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.

 

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

 

Public Place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, 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 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.

 

Service Line means any indoor 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.

 

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other tobacco product.

 

Sports Arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

__________________________

Joseph A. Guarino

Assistant City Attorney