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ORDINANCE NO. 7868

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING SMOKING IN PUBLIC PLACES AMENDING SECTIONS 9-802 AND 9-807 OF ORDINANCE NO. 7782

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Section 9-802 of the City of Lawrence, Kansas Ordinance No. 7782, is hereby amended to read as follows:

9-802 DEFINITIONS.

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

(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) 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) 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) 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.

For the purposes of this Article, the following shall not be considered an enclosed area:

1. Rooms or areas enclosed by walls or windows having neither a ceiling nor a roof and which are completely open to the elements and weather at all times.

2. Rooms or areas, enclosed by walls or windows and a roof or ceiling, having an opening at least twenty percent (20%) of the total perimeter wall area completely and permanently open to the elements and weather.

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

(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.

(N) Wall means a side of a room, building or structure connecting the floor and ceiling or foundation and roof, including temporary, moveable, and retractable sides.

Section 2. Section 9-807 of the City of Lawrence, Kansas Ordinance No. 7782, is hereby amended to read as follows:

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:

(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.

(G) Smoking break rooms in businesses that do not sell goods or services directly to the general public at the business site and which meet all of the following requirements:

1. The smoking break room is enclosed on all sides by solid, impermeable walls or windows extending from the floor to ceiling with self-closing doors; and

2. Access to the smoking break room is restricted to the employees and vendors of the facility; and

3. The smoking break room maintains a negative air pressure (meaning more air is exhausted from the room than is directly supplied by the heating, ventilation, and air conditioning (HVAC) system); and

4. The smoking break room’s smoke-contaminated air is exhausted directly to the outdoors and is not returned to the HVAC system; and

5. The smoking break room and any equipment contained therein are maintained and serviced when the room is not occupied by smokers; and

6. The employer does not require employees or vendors to enter the smoking break room when it is occupied by smokers; and

7. The owner, manager or other person having control of such building or areas shall have a conspicuously posted sign clearly stating that the room is a smoking break room; and

8. A single smoking break room shall not be larger than 1500 square feet; and

9. Non-smoking employees and vendors of the business have access to a separate, enclosed, non-smoking break room accessible only to the employees and vendors of the business which is of equal or larger size and has amenities comparable to the smoking break room; and

10. The indoor smoking area was in existence on June 30, 2004; and

11. The business has registered the indoor smoking area with the Fire Prevention Division of the Lawrence-Fire Medical Department on registration forms provided by the Department and the Department has verified compliance with the provisions of this ordinance.

Section 3. Section 9-802 an 9-807 of Ordinance No. 7782 are hereby repealed it being the intent to supersede the repealed provisions. This ordinance shall be effective on and after its publication as provided by law.

Passed by the governing body this day of , 2005.

Mike Rundle, Mayor

ATTEST:

Frank S. Reeb, City Clerk

Approved as to form and legality:

David L. Corliss, Assistant City Manager

and Director of Legal Services