Missouri Senator Introduces Smoking Ban Legislation

February 11, 2008

Missouri State Senator has proposed a bill in the Missouri Senate that would drastically restrict smokers, and proprietors of venues that might allow smoking, called in the bill "Public meetings and Public Places"

Some highlights from the bill:

(5) "Public meeting", a gathering in person of members of a governmental26 body, whether an open or closed session, as defined in chapter 610, RSMo;
27 [ (5)] (6) "Public place", any enclosed indoor area used by the general
28 public or serving as a place of work including, but not limited to:
29 (a) Any bars and restaurants and retail or commercial establishments;
30 (b) Health care facilities, health clinics or ambulatory care facilities
31 including, but not limited to, laboratories associated with health care treatment,
32 hospitals, nursing homes, physicians' offices and dentists' offices;
33 (c) Any vehicle used for public transportation including, but not limited
34 to, buses, taxicabs and limousines for hire;
35 (d) Rest rooms;
36 (e) Elevators;
37 (f) Libraries, educational facilities, day care facilities, museums,
38 auditoriums and art galleries;
39 (g) All public areas and waiting rooms of public transportation facilities
40 including, but not limited to, bus and airport facilities;
41 (h) Any enclosed indoor place used for entertainment or recreation
42 including, but not limited to, gymnasiums, theater lobbies, concert halls, arenas
43 and swimming pools;
44 (i) Any other enclosed indoor areas used by the general public including,
45 but not limited to, corridors and shopping malls; and
46 (j) Any public building or public vehicle.
47 [ (6)] (7) "Restaurant", any building, structure or area used, maintained
48 or advertised as or held out to the public to be an enclosure where meals for
49 consideration of payment are made available to be consumed on the premises;
50 [ (7)] (8) "Smoking", possession of burning tobacco in the form of a
51 cigarette, cigar, pipe or other smoking equipment.
191.767. [1.] A person shall not smoke in a public place, [or in] a public
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2 meeting, or within fifteen feet of any entrance to a public place or public
3 meeting [except in a designated smoking area].
4 [ 2. A smoking area may be designated by persons having custody or
5 control of public places, except in places in which smoking is prohibited by the
6 fire marshal or by other law, ordinance or regulation.
7 3. No public place shall have more than thirty percent of its entire space
8 designated as a smoking area.
9 4. A designated smoking area where state employees may smoke during
10 the work day shall be provided by each state executive department and
11 institution of higher education, provided such area can be adequately ventilated
12 at minimum cost, within the physical confines of each facility.
13 5. A proprietor or other person in charge of a restaurant shall designate
14 an area of sufficient size to accommodate usual and customary demand for
15 nonsmoking areas by customers or patrons.]
191.769. The following areas are not considered a public place:
2 (1) An entire room or hall which is used for private social functions,
3 provided that the seating arrangements are under the control of the sponsor of
4 the function and not of the proprietor or other person in charge;
5 (2) Limousines for hire and taxicabs, where the driver and all passengers
6 agree to smoking in such vehicle;
7 (3) Performers on the stage, provided that the smoking is part of the
8 production;
9 (4) A place where more than fifty percent of the volume of trade or
10 business carried on is that of the blending of tobaccos or sale of tobaccos,
11 cigarettes, pipes, cigars or smoking sundries; and
12 (5) [Bars, taverns, restaurants that seat less than fifty people, bowling
13 alleys and billiard parlors, which conspicuously post signs stating that
14 "Nonsmoking Areas are Unavailable";
15 (6)] Private residences[; and
16 (7) Any enclosed indoor arena, stadium or other facility which may be
17 used for sporting events and which has a seating capacity of more than fifteen
18 thousand persons].
191.771. The person having custody or control of a public place or public
2 meeting shall[:
3 ( 1)] make reasonable efforts to prevent smoking in the public place or
4 public meeting by posting appropriate signs indicating no-smoking [or smoking
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5 area and arrange seating accordingly]. These signs shall be placed at a height
6 and location easily seen by a person entering the public place or public meeting
7 and not obscured in any way[;
8 (2) Arrange seating and utilize available ventilation systems and physical
9 barriers to isolate designated smoking areas;
10 (3) Make a reasonable request of persons smoking to move to a designated smoking area.

Read the entire bill http://www.senate.mo.gov/08info/pdf-bill/intro/SB1079.pdf