| Background
On Jan. 24, 2008, Mayor Mark Funkhouser signed into law a smoking ordinance that had been approved by the City Council. The ordinance took effect March 24, 2008, and bans the smoking of tobacco products in any place that may be considered an enclosed or indoor workplace, with the exception of bars, casino gaming floors, and certain restaurants based on criteria listed below..
On April 8, 2008, voters approved a more stringent ordinance that eliminates smoking in bars and restaurants. This ordinance will go into effect June 7, 2008. Until that time, the Health Department will continue to enforce the current ordinance.
The purpose of these smoking ordinances is to protect those working in Kansas City, Mo., from the dangers of secondhand or environmental tobacco smoke.
It does not regulate what anyone does on their own personal time, in their own homes or cars (unless they are being used as a public business, for example a day care or taxi) or outside.
Currently
To protect the current business interests of the owners of restaurants in Kansas City, the ordinance allows smoking between the hours of 9 p.m. and 6 a.m. in establishments with a liquor license that do not allow anyone under the age of 21 to enter the facility and have signage posted to that effect.
Food establishments were exempted in the previous ordinance until a set trigger language was met. In the current ordinance, smoking is prohibited in food establishments except in the situation mentioned above.
Hotels may designate up to 25 percent of rooms to be smoking rooms. They may also designate a higher percentage temporarily if they are more than 75 percent booked for a convention or meeting, provided they clean those additional rooms afterwards sufficient to remove odor and "particulate residue" before allowing them to be occupied again.
Bars, retail tobacco stores and casino gaming floors are currently exempted from the smoking ordinance. At this time, the Health Department considers those establishments meeting Regulated Industries' classification of Tavern and Place of Entertainment to likewise meet the 008096 ordinance defition of bar. Bars that are part of other establishments, including restaurants, casinos, bowling alleys, and so on are exempt if they are physically separated from other public areas and have a separate ventilation system.
Under the previous ordinance, fire stations were to be smoke-free by May 31, 2008. With the implementation of the new ordinance on March 24, 2008, they are now included as smoke-free workplaces.
In the future
In the long run, this ordinance will also help businesses and protect business owners. Cities and states that have had smoking ordinances in place for several years have seen a decrease in employees calling in sick and lower costs for health care as a result. Employees in those states, even regular smokers, have noticed that they can breathe easier and go longer without getting out of breath, and those who have tried to quit smoking and still want to do so find it easier to do when smoking isn't allowed at work.
For more information...
Our Environmental Health Services Division handles education on and enforcement of the ordinance. For more information on the ordinance, please feel free to contact them at (816) 513-6313.
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