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Legislation #: 041125 Introduction Date: 10/7/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER EDDY
Title: Amending Chapter 34, Code of Ordinances, by repealing Article XII, Smoking in public places, consisting of Sections 34-471 through 34-479 and enacting in lieu thereof a new Article XII entitled “Prohibitions on smoking in enclosed places of employment and public places”, consisting of Sections 34-471 through 34-481, prohibiting smoking in enclosed places of employment and enclosed public places and establishing penalties for noncompliance.

Legislation History
DateMinutesDescription
10/7/2004

Prepare to Introduce

10/7/2004

Referred Finance Committee

10/13/2004 Hold On Agenda Until (10/20/2004)
10/20/2004 Hold On Agenda (10/27/2004)
11/5/2004 Hold On Agenda (11/8/2004)
11/8/2004 Hold On Agenda (11/22/2004)
11/22/2004 Advance and Do Pass as a Committee Substitute, Debate
11/23/2004 Passed as Substituted

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041125.pdf Authenticated 412K Authenticated
041125 Fact Sheet.pdf Fact Sheet 191K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 041125

 

Amending Chapter 34, Code of Ordinances, by repealing Article XII, Smoking in public places, consisting of Sections 34-471 through 34-479 and enacting in lieu thereof a new Article XII entitled Prohibitions on smoking in enclosed places of employment and public places, consisting of Sections 34-471 through 34-481, prohibiting smoking in enclosed places of employment and enclosed public places and establishing penalties for noncompliance.

 

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 Article XII, Smoking in public places, Sections 34-471 through 34-479 and enacting in lieu thereof a new Article XII entitled Prohibitions on smoking in enclosed places of employment and public places, consisting of new Sections 34-471 through 34-481 prohibiting smoking in enclosed places of employment and enclosed public places, to read as follows:

 

ARTICLE XII. SMOKING PROHIBITED IN ENCLOSED PLACES OF

EMPLOYMENT AND PUBLIC PLACES.

 

Sec. 34-471.  Purpose

 

It is the purpose of this article that the City promotes public health by decreasing citizens exposure to secondhand smoke and creates smoke free environments for workers and citizens through regulation in the work place and all public places.

 

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:

 

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 casino accessible only by those with a valid members card, players card, or its equivalent, that allows entrance into the restricted area.

 


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 there of, 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 halls.

 

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 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 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, Laundromats, 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 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 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.

 

Sec. 34-473. Prohibition of smoking in enclosed places of employment and all enclosed

public places.

 

(a) The possession of lighted smoking materials in any form, including but not limited to, the possession of lighted cigarettes, cigars, pipes or other tobacco products, is prohibited in all enclosed places of employment within the City.

 

(b) The possession of lighted smoking materials in any form, including but not limited to, the possession of lighted cigarettes, cigars, pipes or other tobacco products, shall be prohibited in all enclosed public places within the City, including but not limited to the following places:

 

(1) Any vehicle of public transportation, including but not limited to buses, limousines for hire and taxicabs;

 

(2) Elevators;

 

(3) Restrooms;

 

(4) Libraries, educational facilities, childcare and adult day care facilities, museums, auditoriums, aquariums and art galleries;

 

(5) Any health care facility, health clinics or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices;

 

(6) Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling alleys, arenas and swimming pools;

 

(7) Service Lines;

 

(8) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;

 

(9) Shopping malls;

 

(10) Sports arenas, including enclosed places in outdoor arenas;

 

(11) Bars;

 

(12) Restaurants;

 

(13) Convention facilities;

 

(14) All public areas and waiting rooms of public transportation facilities, including but not limited to bus and airport facilities;

 

(15) Any other area used by the public or serving as a place of work, including open office landscaping;

 

(16) 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;

 

(17) All enclosed facilities owned by the City; and

 

(18) Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.

 

(c) No one shall possess lighted smoking materials in any form, including but not limited to, lighted cigarettes, cigars, pipes or other tobacco products, in a manner that impedes entrance to or exit from a building where smoking is prohibited pursuant to this section.

 

(d) It shall be unlawful for any person to violate the provisions of this section.

 

Sec. 34-474.  Responsibilities of proprietors, owners and managers.

 

(a) A person having control of a place listed in section 34-473 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of section 34-473 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 lighted 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 cigarette, cigar, pipe or other tobacco products.

(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 by this Article. Such signage shall consist of letters not less than one inch in height.

 

(c) It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

 

(d) Each employer having any enclosed place of employment located within the City shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

 

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

 

(e) The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this ordinance.

 

(f) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

 

Sec. 34-475. Where smoking is not regulated.

 

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

 

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

 

(2) Twenty-five percent (25%) of hotel and motel rooms may be permanently designated as smoking rooms or a higher percentage adjusted by the hotel or motel when on a given date it has a seventy-five percent (75%) or greater occupancy rate due to the booking of guests for conventions or meetings and needed to meet the demands of the convention or meeting, provided the hotel or motel cleans those added rooms in a manner sufficient to remove the odor and particulate residue of smoking from those rooms before they are again occupied as non-smoking rooms..

 

(3) Business establishments where more than fifty percent (50%) percent of the volume of trade or business carried on is that of the blending of tobaccos, or sale of tobaccos, pipes, cigars or smokers' sundries provided that smoke from these places is enclosed and does not infiltrate into areas where smoking is prohibited under the provisions of this Article.

 

(4) Enclosed spaces designated as a smoking area within a place of employment or a public place from which smoke cannot infiltrate to other portions of the premises where smoking is prohibited under the provisions of this Article and which are equipped with separate heating, ventilation and air conditioning equipment that vents or exchanges air outside of the building or structure in which the designated smoking area is situated and which prevents the mixing of air from the designated smoking area with air from the other portions of the premises where smoking is prohibited under the provisions of this Article and where employees are not required to work.

 

(5) Any location where this ordinance is not yet in effect pursuant to Section 34-480.

 

Sec. 34-476.  Penalty for violation of this Article.

 

(a) A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an ordinance violation, punishable by a fine not exceeding fifty dollars ($50.00).

 

(b) A person having control of a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an ordinance violation, punishable by:

 

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

 

(2) A fine not exceeding two hundred dollars ($200) for a second violation within a one (1) year period.

 

(3) A fine not exceeding five hundred dollars ($500) for a third or subsequent violations within a one (1) year period.

 

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

 


Sec. 34-477.  Public education.

 

The Director of Health shall engage in a continuing program to inform and to educate the public regarding the health consequences of smoking, including the adverse health consequences of peoples exposure to secondhand smoke, shall clarify the purpose of this article to citizens affected by it, and shall guide owners, operators and managers in their compliance.

 

Sec. 34-478. Other applicable laws.

 

This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

 

Sec. 34-479. Liberal construction.

 

This Article shall be liberally construed so as to further its purposes.

 

Sec. 34-480. Effective dates.

 

(a) Except as provided below, this Article will become effective on May 31, 2005.

 

(b) As applied to bars and restaurants, this Article shall not become effective until 85% of all people in the counties of Jackson, Platte, Clay and Cass in Missouri and Wyandotte and Johnson in Kansas reside in a jurisdiction where an ordinance or other law has been passed which prohibits smoking in both bars and restaurants.

 

(c) Determination of effective date. To determine when bars and restaurants are no longer exempt from this Article as described above:

 

(1) Current U.S. Census Bureau data for total population for the six counties shall be multiplied by 0.85.

 

(2) The City Clerk with the advice of the Director of Health will maintain a library of ordinances and population figures for each adopting jurisdiction.

 

(3) When the minimum (85%) population is reached, the City Clerk shall provide for public notice through the Citys internet site, news releases and a communication to the City Council.

 

(4) Such notice shall state that this Article will apply to bars and restaurants after sixty (60) days from the date of the notice.

 


(5) Upon request from the City Clerk or the Director of Health, the City Attorney will assist and provide guidance.

 

(c) Casinos. Casino gaming areas shall be exempt from this Article until the cities of Riverside, Missouri and North Kansas City, Missouri both pass an ordinance prohibiting smoking within casino gaming areas.

 

(1) Determination of effective date. To determine when casino gaming areas are no longer exempt from this Article as described above:

a. The City Clerk with the advice of the Director of Health will maintain a library of smoking ordinances from the cities of Riverside, Missouri and North Kansas City, Missouri.

 

b. When both Riverside, Missouri and North Kansas City, Missouri pass an ordinance banning smoking within casino gaming areas, the City Clerk shall provide for public notice through the Citys internet site, news releases and a communication to the City Council.

 

c. Such notice shall state that this Article will apply to casino gaming areas after sixty (60) days from the date of the notice.

 

d. Upon request from the City Clerk or the Director of Health, the City Attorney will assist and provide guidance.

(d)   Fire Stations. Kansas City, Missouri Fire Department fire stations shall be exempt from this Article either until the Unified Government of Wyandotte County / Kansas City, Kansas and the City of Independence, Missouri both pass ordinances prohibiting smoking in fire stations within their jurisdictions or until May 31, 2008; whichever occurs first.

 

(1) Determination of effective date: To determine when fire stations are no longer exempt from this Article:

a. The City Clerk with the advice of the Director of Health will maintain a library of smoking ordinances from the Unified Government of Wyandotte County / Kansas City, Kansas and the City of Independence, Missouri.

 

b. When both the Unified Government of Wyandotte County / Kansas City, Kansas and the City of Independence , Missouri pass an


ordinance banning smoking within fire stations, the City Clerk shall provide for public notice through the Citys internet site, news releases and a communication to the City Council.

 

c. Such notice shall state that this Article will apply to fire stations after sixty (60) days from the date of the notice.

 

d. Upon request from the City Clerk or the Director of Health, the City Attorney will assist and provide guidance.

 

(e) As applied to bowling alleys this Article shall not become effective until 85% of all people in the counties of Jackson, Platte, Clay and Cass in Missouri and Wyandotte and Johnson in Kansas reside in a jurisdiction where an ordinance or other law has been passed which prohibits smoking in bowling alleys.

 

Sec. 34-481. Enforcement of article.

 

(a) The authority to administer the provisions of this article is vested in the Director of Health and his duly authorized representatives.

 

(b) Whenever the need arises, the director of health may call upon the fire and police departments and 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 of Kansas City Missouri.

 

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

 

Sec. 34-48234-510 reserved.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Joseph A. Guarino

Assistant City Attorney