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Smoking - St. Louis City BB46 FS (as Perfected 10-23-09)

Smoking - St. Louis City BB46 FS (as Perfected 10-23-09)

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Published by Bill Hannegan
St. Louis City Smoke Free Air Act of 2009
St. Louis City Smoke Free Air Act of 2009

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Published by: Bill Hannegan on Dec 02, 2009
Copyright:Attribution Non-commercial

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08/08/2011

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 May 1, 2009Page 1 of 11Board Bill No. 46 FS Sponsored by Alderwoman Lyda Krewson,Alderwoman Donna Baringer, Alderwoman Kacie Starr Triplett, Alderwoman Marlene Davisand Alderman Shane Cohn
Board Bill No. 46 FS INTRODUCED BY ALDERWOMAN LYDA KREWSON,
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ALDERWOMAN DONNA BARINGER, ALDERWOMAN KACIE STARR TRIPLETT,
2
ALDERWOMAN MARLENE DAVIS, ALDERMAN SHANE COHN
34An ordinance relating to smoking; defining, applicability to city-owned facilities,5prohibiting, regulating the act of smoking, where not regulating smoking, declaration of 6establishment as nonsmoking, posting of signs, nonretaliation and enforcement; and containing a7penalty clause, severability clause, effective date and an elimination of exception..8
BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:
9
WHEREAS,
the St. Louis Board of Aldermen does hereby find that the protection of the public10health in the City of St. Louis will be greatly enhanced by promoting a smoke free city through11the elimination of the presence of secondhand smoke in public places and in the workplace; and
 
12
SECTION ONE. Title
13This ordinance shall be known as the St. Louis City Smoke Free Air Act of 2009.14
SECTION TWO. Definitions.
 15The following words and phrases, whenever used in this Ordinance, shall be construed as defined16in this Section:171. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for18consumption by guests on the premises and in which the serving of food is only incidental to the19consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail20lounges, and cabarets.212. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other22business entity, either for-profit or not-for-profit, including retail establishments where goods or23services are sold; professional corporations and other entities where legal, medical, dental,24
 
 May 1, 2009Page 2 of 11Board Bill No. 46 FS Sponsored by Alderwoman Lyda Krewson,Alderwoman Donna Baringer, Alderwoman Kacie Starr Triplett and Alderwoman Marlene Davisengineering, architectural, or other professional services are delivered; and private clubs located1in the City of St. Louis.23. “Casino gaming area” means the area of a state-licensed gambling facility where gaming is3allowed for those 21 years of age or older, including any VIP lounge, accessible only through the4game floor, whether or not gaming is allowed in the VIP lounge.53. "Employee" means a person who is employed by an employer in consideration for direct or6indirect monetary wages or profit, and a person who volunteers his or her services for a non-7profit entity.84. "Employer" means a person, business, partnership, association, corporation, including a9municipal corporation, trust, or non-profit entity located in the City of St. Louis that employs the10services of one or more individual persons.115. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by12permanent or temporary walls or windows (exclusive of doorways), which extend from the floor13to the ceiling.146. "Health Care Facility" means an office or institution providing care or treatment of diseases,15whether physical, mental, or emotional, or other medical, physiological, or psychological16conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics,17including weight control clinics, nursing homes, long-term care facilities, homes for the aging or18chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists,19physicians, psychiatrists, dentists, and all specialists within these professions. This definition20shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within21health care facilities.22
 
 May 1, 2009Page 3 of 11Board Bill No. 46 FS Sponsored by Alderwoman Lyda Krewson,Alderwoman Donna Baringer, Alderwoman Kacie Starr Triplett and Alderwoman Marlene Davis7. "Place of Employment" means an area under the control of a public or private employer in the1City of St. Louis that employees normally frequent during the course of employment, including,2but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms,3meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is4not a "place of employment" unless it is used as a child care, adult day care, or health care5facility.68. "Private Club" means an organization, whether incorporated or not, which is the owner, lessee,7or occupant of a building or portion thereof used exclusively for club purposes at all times,8which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or9athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental10to its operation. The affairs and management of the organization are conducted by a board of 11directors, executive committee, or similar body chosen by the members at an annual meeting.12The organization has established bylaws and/or a constitution to govern its activities. The13organization has been granted an exemption from the payment of federal income tax as a club14under 26 U.S.C. Section 501.159. "Public Place" means an enclosed area to which the public is invited or in which the public is16permitted, including but not limited to, banks, bars, educational facilities, gaming facilities,17health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities,18reception areas, restaurants, retail food production and marketing establishments, retail service19establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A20private club is a "public place" when being used for a function to which the general public is21invited. A private residence is not a "public place" unless it is used as a child care, adult day care,22or health care facility.23

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