ARTICLE 8

ARTICLE 8. SMOKING IN PUBLIC PLACES

9-801 PURPOSE.

The purpose of this Article is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smoke-free air; and (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke. (Ord. 7782)

9-802 DEFINITIONS.

The following words and phrases, whenever used in this Article, shall be construed as defined in this section: (Ord. 7782)

(A) (A) Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

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

(C) (C) Employer means any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons.

(D) (D) Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.

(E) (E) Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(F) (F) Licensed Premises shall mean any premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41, and amendments thereto, and this Code.

(G) (G) Place of Employment means any enclosed area under the control of 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 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.

(H) (H) Private Place means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a “private place.”

(I) (I) Public 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, laundromats, 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.”

(J) (J) Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(K) (K) 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.

(L) (L) Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or weed.

(M) (M) Sports Arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice 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.

9-803 PROHIBITION OF SMOKING IN PUBLIC PLACES.

Smoking shall be prohibited in all enclosed public places within the City of Lawrence, including, but not limited to, the following places: (Ord. 7782)

(A) (A) Elevators.

(B) (B) Restrooms, lobbies, reception areas, hallways, and any other common-use areas.

(C) (C) Buses, bus terminals, taxicabs, train stations, the airport, and other facilities and means of public transit under the authority of the City of Lawrence, as well as ticket, boarding, and waiting areas of public transit depots.

(D) (D) Service lines.

(E) (E) Retail stores.

(F) (F) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, attorneys’ offices, and other offices, banks, laundromats, hotels, and motels.

(G) (G) Food service establishments and licensed premises, excluding areas of a food service establishment or licensed premises that are not enclosed such as patios, outdoor dining areas, and courtyards.

(H) (H) Galleries, libraries, museums, and grounds.

(I) (I) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is a part of a stage production.

(J) (J) Sports arenas and convention halls, including bowling facilities.

(K) (K) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Lawrence 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 of Lawrence.

(L) (L) Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices.

(M) (M) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(N) (N) Polling places.

(O) (O) Private clubs and fraternal organization facilities.

9-804 PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT.

(A) (A) Smoking shall be prohibited in all enclosed places of employment within the City Lawrence.

(B) (B) It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

(C) (C) Each employer having any enclosed place of employment located within the City of Lawrence shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

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 enclosed facilities.

(D) (D) The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this ordinance.

(E) (E) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

9-805 ADDITIONAL DECLARATION OF NON-SMOKING ESTABLISHMENT.

Notwithstanding any other provision of this Article, any owner, operator, manager or other person who controls any establishment described in this Article may declare that entire establishment as a non-smoking establishment. (Ord. 7782)

9-806 APPLICATION OF ARTICLE TO CITY-OWNED FACILITIES.

All enclosed facilities owned by the City of Lawrence shall be non-smoking at all times notwithstanding other provisions of this Article. (Ord. 7782)

9-807 WHERE SMOKING IS NOT REGULATED: PRIVATE AND PUBLIC PLACES.

Notwithstanding any other provision of this Article to the contrary, the following

areas shall not be subject to the smoking restrictions of this Article: (Ord. 7782)

(A) Private residences, except when used as a childcare, adult day care or health care facility;

(B) No more than twenty-five percent (25%) of hotel and motel rooms rented to guests.

(D) Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while such places are being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities).

(E) Outdoor places of employment except those covered in Section 9-805 of this article.

(F) Private places.

9-808 POSTING OF SIGNS.

(Ord. 7782)

(A) The owner, manager or other person having control of such building or other areas where smoking is prohibited by this Article shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited.

(B) Such "No Smoking" signs shall have bold lettering of not less than one (1) inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).

9-809 PUBLIC HEALTH EDUCATION: CITY-COUNTY HEALTH DEPARTMENT.

The Lawrence-Douglas County Health Department shall promote the purposes and requirements of this ordinance to the public affected by it, and guide owners, operators and managers in their compliance with it. Such promotion may include publication of a brochure for affected businesses and individuals explaining the provisions of this Article. (Ord. 7782)

9-810 ENFORCEMENT.

(Ord. 7782)

(A) (A) The Fire Chief or his or her designated agent shall be responsible for enforcing the provisions of this Article within the City.

(B) (B) Notice of the provisions set forth in this Article shall be given to all applicants for a City business license and liquor or drinking establishment license.

(D) (D) The Lawrence-Douglas County Fire & Medical Department, the Lawrence Police Department, the Lawrence-Douglas County Health Department, and the Codes Enforcement Division of the Department of Neighborhood Resources Department shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this Article.

(E) (E) Any owner, manager, operator or employee of any establishment regulated by this Article shall be responsible for informing persons violating this Article of the provisions through appropriate signage.

9-811 NON-RETALIATION.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this Article. (Ord. 7782)