ORDINANCE NO. 080096
34, Code of Ordinances, by repealing Article XII, Smoking prohibited in
enclosed places of employment and public places, consisting of Sections 34-471
through 34-481 and enacting in lieu thereof a new Article XII entitled
"Prohibitions on smoking in enclosed places of employment, public places
and public sidewalks abutting acute care hospital property lines,"
consisting of Sections 34-471 through 34-480, prohibiting smoking in enclosed
places of employment, enclosed public places, including the Truman Sports
Complex, and public sidewalks abutting acute care hospital property lines; 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 prohibited in enclosed places
of employment and public places, consisting of Sections 34-471 through 34-481
and enacting in lieu thereof a new Article XII of like name and subject matter,
consisting of Sections 34-471 through 34-480, to read as follows:
XII. SMOKING PROHIBITED IN ENCLOSED PLACES OF
EMPLOYMENT, PUBLIC PLACES AND PUBLIC SIDEWALKS ABUTTING ACUTE CARE HOSPITALS
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
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:
hospital means hospitals licensed as such under Chapter 197 of the Revised
Statutes of Missouri (RSMo).
Bar means an enclosed establishment
where the primary purpose is the sale, service and consumption of alcoholic
beverages. Bar also includes a separate, enclosed part of a larger
establishment, such as a hotel, pool hall, private veterans or service club,
race track, restaurant or other similar establishment if: 1) the primary
purpose of that separate, enclosed part of the larger establishment is the
sale, service and consumption of alcoholic beverages; and 2) that part of the
larger establishment is physically separated from the remainder of the larger
establishment and has a separate ventilation system.
Casino gaming area means an excursion
gambling boat as defined pursuant to 313.800.1(8) RSMo and shall include the
paths of ingress and egress immediately adjacent to and contiguous with the
excursion gambling boat.
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.
means any person who performs services for an employer, with or without
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. For the purposes of this Article, enclosed
shall also mean the concourses within the structures of the Truman Sports
Complex and public sidewalks abutting acute care hospital property lines.
Permanently Designated means a hotel or motel room may be
designated as a smoking room only one time a year.
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.
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."
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.
Tobacco Store means a retail store that derives the majority of its sales
from tobacco products and accessories. Retail tobacco store does not include
any establishment with a liquor license, grocery stores, convenience stores,
gas stations, general retailers or similar retail establishments.
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.
Sec. 34-473. Prohibition of smoking in enclosed places of
employment, enclosed public places, and on sidewalks abutting acute care
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 places of employment within the
(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;
Libraries, educational facilities, childcare and adult day care
facilities, museums, auditoriums, aquariums and art galleries;
Any health care facility, health clinic 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'
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;
Facilities primarily used for exhibiting a motion picture, stage, drama,
lecture, musical recital, or other similar performance;
Sports arenas, including enclosed places in outdoor arenas and including
concourses within the structures of the Truman Sports Complex;
All public areas and waiting rooms of public transportation facilities,
including but not limited to bus and airport facilities;
Any other area used by the public or serving as a place of work, including
open office landscaping;
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;
All enclosed facilities owned by the City;
Rooms in which meetings or hearings open to the public are held, except
where such rooms are in a private residence; and
Restaurants that do not meet the criteria of Sec. 34-475(f).
(c) 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 on public sidewalks abutting acute care
hospital property lines.
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.
(e) 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
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 smoke-free workplaces for all employees.
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
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
(d) The smoking policy shall be communicated to all
employees within four (4) weeks of the effective date of this Article.
(e) All employers shall supply a written copy of
the smoking policy upon request to any existing or prospective employee.
Where smoking is not regulated.
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) 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 area again occupied
as non-smoking rooms;
(c) Retail tobacco stores;
Casino gaming areas; and
From 9 p.m. until closing time in any
establishment with a liquor license that limits admission to those over the age
of 21 and that clearly and conspicuously posts notice at all exterior entrances
that admission is limited to those over the age of 21 and that smoking is
permitted after 9pm until closing time. In the event the establishment is open
24 hours, the establishment may not allow smoking between the hours of 6 a.m.
and 9 p.m.
Penalty for violation of this Article.
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:
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.
fine not exceeding five hundred dollars ($500) for a third or subsequent
violations within a one (1) year period.
day on which a violation of this Article occurs shall be a separate and
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.
Other applicable laws.
Article shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
shall be liberally construed so as to further its purposes. The provisions of this ordinance 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.
Sec. 34-480. Enforcement of
The authority to administer the provisions of this article is vested in
the Director of Health and his or her duly authorized representative(s).
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.
Notice of the provisions of this Article shall be given to all
applicants for a business license in the City of Kansas City Missouri.
Any person who desires to register a complaint under this Article may
initiate enforcement with the health department.
Section 2. That
this ordinance will become effective in sixty (60) days.
Approved as to
form and legality:
Assistant City Attorney