Series 107 2006 ORDINANCES/RESOLUTIONS
Section 107-640; Ord. 19252; Amending Chapter 11 of the City Code as it relates to smoking in public places
Bill No. B 407-06 A
amending Chapter 11 of the City Code as it relates to smoking in public places; and
time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
SECTION 1. Chapter 11 of the Code of Ordinances of the City
of Columbia, Missouri, is
hereby amended as follows:
Material to be deleted in
strikeout; material to be added underlined.
Sec. 11-290. Restrictions.
Except as provided in this article, 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, is unlawful in any of the following places used by or open to the public or serving
place of work:
(1) Any commercial establishment including, but not limited
to, retail stores, banks, office
and restaurants, and bars;
(2) Any public transportation vehicle including, but not limited
to, buses, limousines for hire,
54) Libraries, educational facilities, day care facilities,
museums, auditoriums, and art
65) Any indoor public area of a health care facility,
health clinic, or ambulatory care facility
including, but not limited to, laboratories associated with the rendition of health care treatment,
hospitals, rest homes, nursing homes, long-term care facilities and offices of health professionals;
76) Any indoor place of entertainment or recreation including,
but not limited to, gymnasiums,
theatres, concert halls, bingo halls, arenas, and swimming pools;
87) All public areas and waiting rooms of public transportation
facilities including, but not
limited to, bus and airport facilities;
98) Any other enclosed areas serving as a place of work
or used by the public including open
office landscaping and shopping malls;
109) Rooms in which meetings and/or
hearings open to the public are held, except where such
rooms are in a private residence .;
1110) Anywhere in any building owned or managed by the
1211) Within twenty (20) feet of an entrance to any structure
in which smoking is prohibited
or limited by this article. This subsection shall not apply to any person in a motor vehicle or to
any person merely passing by an entrance to a structure or to any person seated in an outdoor
(12) The seating areas and enclosed spaces of any stadium, outdoor
arena or athletic field;
(13) The patio areas of any restaurant, bar or other commercial establishment
provided in section 11-291(6).
Sec. 11-291. Exemptions.
(a) Except as otherwise provided in subsection (b), the restrictions
of this article shall not
Areas which are specifically designated as smoking areas in accordance with this article;
(2) 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
person in charge of the place room or hall has a separate ventilation system or negative
vented to the outside and provided that no employees of the establishment are exposed to smoke;
(3) Limousines for hire and taxicabs, when the driver and all passengers
to smoking in such vehicle;
42) A private, enclosed office that has a ventilation
system that is not shared with non-smoking offices and that is occupied exclusively by smokers. ,
even though such office may be visited by non-smokers,
except where smoking is otherwise prohibited by law, and provided that This exemption does
apply to offices that are visited by members of the public or by non-smoking employees of the
business. tThis exemption shall not be construed to permit smoking
in the reception areas of
lobbies or offices or in any building owned or managed by the city with the exception of airport
buildings that are leased or owned by private commercial enterprises. , provided that tThis
exemption does not permit individuals on said premises to smoke in hazardous areas
exist within said any building s;
(5) Hospitals may accommodate smoking patients by providing smoking patient
63) Performers upon the stage, provided that the smoking
is part of a theatrical production;
74) Places 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, pipes, cigars or smokers' sundries Retail
stores which are used primarily to sell tobacco products and accessories and in which the sale of
other products is merely incidental;
(8) Restaurants which seat fewer than fifty (50) persons and which conspicuously
that non-smoking areas are unavailable;
(9) Bars, taverns, lounges.
(5) Membership associations that meet the following criteria:
a. The association is a private, not for profit organization formed
before April 1, 2006; and
b. The association is organized primarily for the benefit of its members;
c. Association members pay dues; and
d. The association is managed and operated by a board consisting entirely
of its own members;
e. The association is organized primarily as a recreational, fraternal,
athletic, military veteran,
religious or kindred association; and
f. The association is not primarily engaged in preparing and serving
food or alcoholic
beverages by the drink; and
g. All operational duties of the association, other than professional
duties, are performed by
members of the association who are not compensated for performing such duties.
h. This exemption shall not apply to any activities to which the general
public is invited.
(6) Patio areas of any restaurant, bar or other commercial establishment
designated by the
owner or operator of the business as a smoking area; provided, that no more than fifty percent
(50%) of the patio area shall be designated as a smoking area and no area shall be designated as a
smoking area if it must be crossed to obtain access to a nonsmoking area or a restroom.
(b) The proprietor or person having control of an area which
is otherwise exempt from the
provisions of this article may apply the provisions of this article to such area by posting a "No
Smoking" sign or a sign with the international "No Smoking" symbol in the area in accordance
with the provisions of section 11-293.
Designation of smoking areas Hotels and motels.
(a) When not otherwise prohibited by law, limited smoking areas may be
designated by the
proprietors or persons in charge of restaurants, bingo halls, pool halls and bowling alleys. The
bowling areas, child care areas and youth recreation areas of a bowling alley shall not be
designated smoking areas. Youth bowling leagues and youth bowling tournaments shall not be
conducted in any bowling alley while smoking is allowed in designated areas of the bowling
alley. Nothing in this section shall be construed to require the designation of smoking areas.
(b) Where smoking areas are designated, existing physical barriers and
systems may be used to minimize the irritating and toxic effects of smoke in adjacent non-smoking areas.
This provision shall not be construed to require fixed structural or other physical
modifications in providing these areas or to require operation of any existing heating, ventilating
and air conditioning system in any manner which decreases its energy efficiency or increases its
electrical demand, or both, nor shall this provision be construed to require installation of new or
ventilating or air conditioning systems.
(c) No area shall be designated a smoking area if it must be crossed
to obtain access to a non-smoking area or a restroom. This subsection shall not apply when there is
no feasible alternative
area to designate a smoking area without making structural alterations.
Hotels and motels shall designate non-smoking rooms.
. . .
Sec. 11-294. Public education.
of health shall engage in a continuing program to inform and to educate the public
regarding the health consequences of smoking; shall clarify the purposes of this article to citizens
affected by it; and shall guide owners, operators, and managers in their compliance.
Sec. 11-295. Penalty.
Any person violating, neglecting, or refusing to comply with any provision of this
article shall be
guilty of an infraction
and shall be fined as set out in chapter 16 of this Code punishable by a fine
of not more than two hundred dollars ($200.00).
Sec. 11-296. Enforcement.
The authority to administer and enforce the provisions of this article is vested
in the director
health and his the director=s duly authorized representative
SECTION 2. This ordinance shall be in full force and effect
from and after January 9, 2007.
PASSED this 9th day of October, 2006.