Ordinance Language
Smokefree Air Act

The following Smokefree Air Act is contained within the full City Code of Springfield, MO. These ordinances are in Part II - Code, Chapter 58 - Health & Sanitation, Article X - Springfield Smokefree Air Act of 2011.

Sec. 58-1000. Title

This Article shall be known as the Springfield Smokefree Air Act of 2011.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1001. Findings and Intent

Be it ordained by the people of the City as follows:

The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke-free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.)
Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smoke-free in their entirety. (Samet, J.; Bohanon, Jr., H.R., Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005.)

Accordingly, the city finds and declares that the purpose of this article is to protect the public health and welfare by prohibiting smoking in public places and places of employment.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1002. Definitions

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

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.

Bingo parlor means a private club as defined in section 58-1002 and provided all of the following apply: (a) the bingo parlor was conducting documented bingo activities at least once every 30 days from January 1, 2010 to March 31, 2011; (b) no employees, of the parlor are permitted in any portion of the building where active smoking occurs, provided however, that this prohibition does not include "volunteer members" of the sponsoring organization; (c) no persons under the age of 18 are present in active smoking portion of the club's building; (d) the bingo parlor for the club is located in a freestanding structure leased or owned solely by the club; (e) smoke from the smoking section of the parlor does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; (f) the smoking section of the bingo parlor has a separate ventilation system for the smoking section of the parlor that exhausts the air from the smoking area directly to the outside by the exhaust fan and does not permit the recirculation of air from the smoking area to other parts of the parlor; (g) if the club serves alcohol, it holds valid Missouri and City of Springfield liquor licenses; and (h) any bingo parlor that distributes more than 100 bingo cards or bingo sheets at any bingo occasion shall provide a smoking and nonsmoking section, if smoking is permitted.

In addition to the above, any private club that offered bingo at least once every 30 days from January 1, 2010 to March 31, 2011 may continue to offer bingo activities where smoking is permitted until April 5, 2014. After that date, in order to continue to be able offer bingo where smoking is permitted, the club shall be required to meet the conditions set forth on subsections (a)—(h) of the definition of "bingo parlor" contained herein.

Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.

Cigar bar means an establishment with a permit to sell alcoholic beverages that: (a) on April 5, 2011, was operating with a valid business license issued by the city; (b) in the period January 1, 2010 to March 31, 2011 generated 60 percent or more of its quarterly gross revenues from the sale of alcoholic beverages and 25 percent or more of its quarterly gross revenues from the sale of cigars; (c) has a separate area for smoking and does not allow employees into such area; (d) had a functioning commercial humidor with a minimum of 20 cubic feet of storage space for cigar or other tobacco products on the premises; (e) does not allow minors to enter the premises; and (f) posts notice on the premises that it is a smoking establishment. Revenue generated from other tobacco sales, including cigarette vending machine sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar. In addition to the above, to continue to qualify as a "cigar bar" after the effective date of this amendment, the person who owns or operates a cigar bar shall file on or before January 31 of each year an affidavit with the director of finance for the city certifying that the above-described percentages of sales have been met or exceeded in the immediate preceding year. Failure to file the affidavit or failure to meet the required percentage of sales will permanently revoke the ability of the establishment to operate as a cigar bar.

E-cigarette means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.

Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.

Enclosed area means all space between a floor and a ceiling that is bounded on all sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

Health care facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

Member volunteer means a person who is a dues-paying and registered member of a private club that operates as a bingo parlor as defined herein and who does not receive any compensation for rendering his or her services to the private club.

Place of employment means an enclosed area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

Playground means any recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city grounds.

Private club means an organization which was in existence and operating as of April 5, 2011, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation, and if it permits smoking, the smoking must be contained in an area that is separate from the other areas of the club. The area designated as "smoking" shall be off-limits to any employee or volunteer of the club while the employee is performing his or her job-related duties. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. "Private club" shall not include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall not be considered a "public place" except when it is the site of a meeting, event or activity that is open to the public.

Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

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 a bar area within the restaurant.

Retail tobacco store means a retail store that on April 5, 2011, was in existence and operating with a valid business license issued by the city, and whose primary function is the sale of smoking materials and during the period January 1, 2010 to March 30, 2011, more than 65 percent of the volume of trade or business carried on was that of the blending of tobaccos or sales of tobaccos, cigarettes, pipes, cigars, smoking sundries, or smoking-related paraphernalia, and in which the sale of other products is incidental. "Retail tobacco store" shall not include a tobacco department of a larger commercial establishment such as a department store, discount store, or bar or retail stores used primarily for the sale of smoking material, and must be enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors. A "retail tobacco store" must also have had a functioning commercial humidor of 20 cubic feet on the premises between January 1, 2010 to March 30, 2011. In addition to the above requirements, to continue to qualify as a "retail tobacco store" after the effective date of this amendment, the person who owns or operates a retail tobacco store shall file on or before January 31 of each year an affidavit with the director of finance for the city certifying that the above-described percentages of sales have been met or exceeded in the immediate preceding year. Failure to file the affidavit or failure to meet the required percentage of sales will permanently revoke the ability of the establishment to operate as a retail tobacco store.

Shopping mall means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form.

(G.O. No. 5927, 4-5-2011; G.O. No. 5991, ß 1, 5-7-2012)

Sec. 58-1003. Application of Article to City-Owned Facilities

All enclosed areas, including buildings and vehicles owned, leased, or operated by the city shall be subject to the provisions of this article.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1004. Prohibition of Smoking in Enclosed Public Places

Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following enclosed places:

  1. Aquariums, galleries, libraries, and museums.
  2. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.
  3. Bars except cigar bars as defined in section 58-1002
  4. Bingo facilities except as defined in section 58-1002
  5. Child care and adult day care facilities.
  6. Convention facilities.
  7. Educational facilities, both public and private.
  8. Elevators.
  9. Gaming facilities.
  10. Health care facilities.
  11. Hotels and motels.
  12. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
  13. Polling places.
  14. Public transportation vehicles, including buses and taxicabs, under the authority of the city, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
  15. Restaurants.
  16. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
  17. Retail stores except retail tobacco stores as defined in section 58-1002
  18. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the city.
  19. Service lines.
  20. Shopping malls.
  21. Sports arenas, including enclosed places in outdoor arenas.
  22. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances except as permitted in section 58-1009

(G.O. No. 5927, 4-5-2011; G.O. No. 5991, ß 1, 5-7-2012)

Sec. 58-1005. Prohibition of Smoking in Enclosed Places of Employment

  1. Smoking shall be prohibited in all enclosed areas of places of employment except in those facilities as exempt under section 58-1009. 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.
  2. This prohibition on smoking shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.

(G.O. No. 5927, 4-5-2011; G.O. No. 5991, ß 1, 5-7-2012)

Sec. 58-1006. Reserved

Editor's noteOrd. No. 5991, ß 1, adopted May 7, 2012, repealed the former section 58-1006 in its entirety, which pertained to the prohibition of smoking in private clubs, and derived from G.O. No. 5927, adopted April 5, 2011.

Sec. 58-1007. Prohibition of Smoking in Enclosed Residential Facilities

Smoking shall be prohibited in the following enclosed residential facilities:

  1. All private and semi-private rooms in nursing homes.
  2. At least 75% of hotel and motel rooms that are rented to guests.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1008. Prohibition of Smoking in Outdoor Areas

Smoking shall be prohibited in the following outdoor places:

  1. Within a reasonable distance of five feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
  2. In, and within five feet of, outdoor playgrounds

(G.O. No. 5927, 4-5-2011)

Sec. 58-1009. Where Smoking Not Regulated

Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of sections 58-1004 and 58-1005:

  1. Private residences, unless used as a childcare, adult day care, or health care facility, and except as provided in section 58-1007
  2. Not more than 25 percent of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
  3. Outdoor areas of places of employment except those covered by the provisions of section 58-1008
  4. On a stage, provided the person(s) who is smoking does so while performing on stage as part of a theatrical production.
  5. Retail tobacco stores.
  6. Cigar bars.
  7. Private clubs.
  8. Bingo parlors.

(G.O. No. 5927, 4-5-2011; G.O. No. 5991, ß 1, 5-7-2012)

Sec. 58-1010. Declaration of Establishment as Nonsmoking

Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection 58-1011(1) is posted.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1011. Posting of Signs and Removal of Ashtrays

The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this article shall:

  1. 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) in that place.
  2. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited.
  3. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
  4. Remove all ashtrays from any area where smoking is prohibited by this article, except for ashtrays displayed for sale and not for use on the premises.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1012. Nonretaliation; Nonwaiver of Rights

  1. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article. Notwithstanding section 58-1014, violation of this subsection shall be a misdemeanor, punishable by a fine not to exceed $1,000.00 for each violation.
  2. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1013. Enforcement

  1. This article shall be enforced by the city manager or an authorized designee.
  2. Notice of the provisions of this article shall be given to all applicants for a business license in the city.
  3. Any citizen who desires to register a complaint under this article may initiate enforcement with the city manager.
  4. The health department, fire department, or their designees shall, while an establishment is undergoing otherwise mandated inspection, inspector for compliance with this article.
  5. An owner, manager, operator, or employee of an establishment regulated by this article shall direct a person who is smoking in violation of this article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
  6. Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.
  7. In addition to the remedies provided by the provisions of this section, the city manager or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1014. Violations and Penalties

  1. A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction, punishable by a fine not exceeding $50.00.
  2. Except as otherwise provided in subsection 58-1012(a), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by:
    1. A fine not exceeding $100.00 for a first violation.
    2. A fine not exceeding $200.00 for a second violation within one year.
    3. A fine not exceeding $500.00 for each additional violation within one year.
  3. In addition to the fines established by this section, violation of this article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
  4. Violation of this article is hereby declared to be a public nuisance, which may be abated by the city manager by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
  5. Each day on which a violation of this article occurs shall be considered a separate and distinct violation.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1015. Public Education

The City Manager shall engage in a continuing program to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this article.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1016. Governmental Agency Cooperation

The City Manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this article. This includes urging all federal, state, county, city and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.

(G.O. No. 5927, 4-5-2011)

Sec. 58-1017. Other Applicable Laws

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

(G.O. No. 5927, 4-5-2011)


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