COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080910

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 enacting a new subsection (d) to Section 34-475, Where smoking is not regulated, that adds retail tobacco shops to the list of places where smoking is not regulated.

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

Section 1. That Chapter 34, Code of Ordinances is hereby amended by enacting a new subsection (d) to Section 34-475, Where smoking is not regulated, for the purpose of adding retail tobacco shops to the list of places where smoking is not regulated, to read as follows:

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

(d) Business establishment where more than eighty percent (80%) of the volume of trade or business carried on is that of the blending of tobaccos, or the sale of tobaccos, pipes, 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 occurs. This subsection shall not apply to a business that sells or serves foods or alcoholic beverages.

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Approved as to form and legality:

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Joseph A. Guarino

Assistant City Attorney