Today's
Feature
The Smoke
Vote.
The City of Carthage is
currently seeking input from citizens concerning
a proposed ordinance to prohibit smoking in any
restaurant in the City. A poll is on the City web
site carthage-mo.gov to cast votes on the
changes. Citizens without internet access can use
the following to express their preference by
marking the appropriate box and returning this
page to City Hall. The following is question
posted:
The City of Carthage is
considering amending its CLEAN INDOOR AIR ACT
ordinance which currently partially bans smoking
in "public places". In addition to
other changes, the proposal being considered
would prohibit smoking in any restaurant. The
following areas would still remain exempt from
these provisions: any bar, tavern, bowling alley
or billiard parlor, provided such establishment
conspicuously posts at least (2) signs stating
that "Nonsmoking areas are
unavailable".
m Support the Ordinance Change
m Oppose the Ordinance Change
m Undecided
Voting will conclude on January
30.
See the current ordinance
below.
Carthage Code
Article VIII.
Clean Indoor Air Act
Sec. 13-241. Offenses.
The following shall be offenses
under the ordinances of this community, and shall
be punishable as provided in section 13-246 of
this article:
(1) No person shall smoke in a
public place or in a public meeting except in a
designated smoking area.
(2) No proprietor or other
person in charge of a public place or public
meeting shall permit, cause, suffer or allow a
person to smoke in those areas where smoking is
prohibited.
(Ord. No. 6494, § 1, 5-25-93)
Sec. 13-242. Duties of person
having control of public place.
The person having custody or
control of a public place or public meeting
shall:
(1) Make reasonable efforts to
prevent smoking in the public place or public
meeting by posting appropriate signs indicating
no-smoking or smoking area and arrange seating
accordingly. These signs shall be placed at a
height and location easily seen by a person
entering the public place or public meeting and
not obscured in any way;
(2) Arrange seating and utilize
available ventilation systems and physical
barriers to isolate smoking areas;
(3) Make a reasonable request
of person smoking to move to a designated smoking
area;
(4) Allow smoking in designated
areas of theater lobbies only.
(Ord. No. 6494, § 2, 5-25-93)
Sec. 13-243. "Public
place" defined.
A "public place" is
any enclosed indoor area used by the general
public or serving as a place of work including,
but not limited to:
(1) Any retail or commercial
establishment;
(2) Health care facilities,
health clinics or ambulatory care facilities
including, but not limited to, laboratories
associated with health care treatment, hospitals,
nursing homes, physicians offices and
dentists offices;
(3) Any vehicle used for public
transportation including, but not limited to,
buses, taxicabs and limousines for hire;
(4) Restrooms;
(5) Elevators;
(6) Libraries, educational
facilities, day care facilities, museums,
auditoriums and art galleries;
(7) All public areas and
waiting rooms of public transportation facilities
including, but not limited to, bus and airport
facilities;
(8) Any enclosed indoor place
used for entertainment or recreation including,
but not limited to, gymnasiums, theater lobbies,
concert halls, arenas and swimming pools;
(9) Any other enclosed indoor
areas used by the general public including, but
not limited to, corridors and shopping malls;
However, the following areas
are not considered a public place:
(10) An entire room or hall
which is used for private social functions,
provided that the seating arrangements are under
the control of the sponsor of the function and
not of the proprietor or other person in charge;
(11) Limousines for hire and
taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
(12) Performers on the stage,
provided that the smoking is part of the
production;
(13) A place where more than
fifty (50) percent of the volume of trade or
business carried on is that of the blending of
tobaccos or sale of tobaccos, cigarettes, pipes,
cigars or smoking sundries;
(14) Any bar, any tavern, a
restaurant that seats less than fifty (50)
people, any bowling alley or any billiard parlor,
provided such establishment conspicuously posts
at least two (2) signs stating that
"Nonsmoking Areas are Unavailable";
(15) Private residences; and
(16) Any enclosed indoor arena,
stadium or other facility which may be used for
sporting events and which has a seating capacity
of more than fifteen thousand (15,000) persons.
(Ord. No. 6494, § 3, 5-25-93)
Sec. 13-244. Other definitions.
As used in this article, the
following terms mean:
Bar or tavern means any
licensed establishment which serves liquor on the
premises for which not more than ten (10) percent
of the gross sales receipts of the business are
supplied by food purchases, either for
consumption on the premises or elsewhere.
Other person in charge means
the agent of the proprietor authorized to give
administrative directions to and general
supervisions of the activities within the public
place, work place or public meeting at any given
time.
Proprietor means the party who
ultimately controls, governs or directs the
activities within the public place, workplace or
public meeting, regardless of whether he is the
owner or lessor of such place or site. The term
does not mean the owner of the property unless he
ultimately controls, governs or directs the
activities within the public place or public
meeting. The term "proprietor" shall
apply to a corporation as well as an individual.
Public meeting means a
gathering in person of members of a governmental
body, whether an open or closed session, as
defined in chapter 610, Revised Statutes of
Missouri;
Restaurant means any building,
structure or area used, maintained or advertised
as or held out to the public to be an enclosure
where meals for consideration of payment are made
available to be consumed on the premises;
Smoking means possession of
burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
(Ord. No. 6494, § 4, 5-25-93)
Sec. 13-245. Designated smoking
area.
(a) Generally. A smoking area
may be designated by persons having custody or
control of public places, except in places in
which smoking is prohibited by the fire marshal
or by other law, ordinance or regulation. No
public place shall have more than thirty (30)
percent of its entire space designated as a
smoking area.
(b) Restaurants. A proprietor
or other person in charge of a restaurant shall
designate an area of sufficient size to
accommodate usual and customary demand for
nonsmoking areas by customers or patrons.
(Ord. No. 6494, § 5, 5-25-93)
Sec. 13-246. Penalty.
Any person who violates this
article shall be fined an amount not more than
two hundred dollars ($200.00).
(Ord. No. 6494, § 6, 5-25-93)
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