April 8, 2008
Ordinance No. 080073
Shall the City of Kansas City prohibit smoking in enclosed places of employment, enclosed public places and on public sidewalks abutting acute care hospitals, while allowing it in casino gaming areas until all casinos located in the Missouri counties of Jackson, Platte and Clay, and the Kansas counties of Johnson and Wyandotte are obligated by ordinance, statute or law to prohibit smoking within the casino areas where gambling games are allowed, as set forth in Ordinance No. 080073, for the purpose of promoting public health by decreasing citizen's exposure to secondhand smoke and creating smoke free environments for workers and citizens through regulation in the work place and all public places?
The issue
Where else will smoking be prohibited under this ordinance?
Are there any places where smoking is not prohibited by this ordinance?
Would people be able to smoke in casinos?
Do business owners have any responsibilities under this ordinance?
What are the penalties for violations of this ordinance?
Does the City already have a smoking ordinance?
What are the major differences between the current law and this proposed ordinance?
Who is responsible for enforcing this ordinance?
When would this ordinance go into effect if the ballot measure passes?
The issue
On April 8, 2008, voters will be asked to consider a new smoking ordinance that would prohibit smoking in enclosed public places, including bars and restaurants and on public sidewalks abutting acute care hospitals. For this measure to pass, a simple majority of “yes” votes must be cast.
Where else will smoking be prohibited under this ordinance?
Smoking also will be prohibited in enclosed places of employment and enclosed public places such as theaters, hospitals, bingo halls, offices, banks, retail stores, bars and restaurants.
Are there any places where smoking is not prohibited by this ordinance?
Yes. With the exception of the public sidewalks abutting acute care hospitals, the ordinance does not regulate smoking in places that are not enclosed. Smoking also is not prohibited by this ordinance in private residences and in up to 25 percent of hotel or motel rooms designated as smoking rooms.
Would people be able to smoke in casinos?
Yes. Casino gaming areas will be exempt until all casinos located in the Missouri counties of Jackson, Platte and Clay, and the Kansas counties of Johnson and Wyandotte (the relevant counties) are obligated by ordinance, statute or law to prohibit smoking within the casino areas where gambling games are allowed.
Do business owners have any responsibilities under this ordinance?
Yes. Business owners and managers cannot knowingly permit, cause, suffer or allow any person to violate the provisions of the smoking ordinance. Owners and managers are responsible for asking customers or visitors to extinguish all smoking products and must post “No Smoking” signs at all entrances to the establishment.
What are the penalties for violations of this ordinance?
- A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an ordinance violation, punishable by a fine not exceeding $50.
- A person having control of a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an ordinance violation, punishable by:
(1) A fine not exceeding $100 for a first violation
(2) A fine not exceeding $200 for a second violation within a one-year period
(3) A fine not exceeding $500 for a third violation and subsequent violations within a one-year period.
Does the City already have a smoking ordinance?
Yes. The City Council passed a smoking ordinance effective March 24, 2008.
What are the major differences between the current law and this proposed ordinance?
The current law and the proposed ordinance both ban smoking in enclosed public places, places of employment and on sidewalks abutting acute care hospitals. The main difference is that the ordinance effective March 24, 2008 bans smoking in concourses at the Truman Sports Complex, but allows smoking in bars and would allow smoking in a business establishment with a liquor license after 9 p.m. if those under 21 years of age are not permitted. The proposed ordinance would prohibit smoking in bars.
Who is responsible for enforcing this ordinance?
The Health Department is responsible for enforcement, but can use the assistance of the Police Department.
When would this ordinance go into effect if the ballot measure passes?
The ordinance would go into effect 60 days after passage.
