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