It shall be the public policy of the city to promote the health and welfare of its citizens and the traveling public by increasing substantially the opportunity to enjoy public dining without the health hazard posed by second-hand smoke.

(Ord. No. 2005-2889, § 1, 5-18-2005)

For the purpose of this article, the following words and terms as used herein are defined to mean the following:

“Bingo hall” means any room, hall, building, enclosure or outdoor area used for the management, operation or conduct of a game of bingo by any nonprofit organization holding a license to manage, operate or conduct games of bingo pursuant to Kansas law and in which food service for consumption on the premises is incidental to the primary activity of the establishment.

“Bowling center/alley” means a place of business open to the public which offers the use of not less than 12 full scale bowling lanes that are each equipped with operable automatic pin setting apparatus and in which food service for consumption on the premises is incidental to the primary activity of the establishment.

“Class A club” means a premises so licensed by the State of Kansas which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the director, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (referred to as members) and their families and guests accompanying them.

“Class B club” means a premises so licensed by the State of Kansas operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

“Drinking establishment” means premises so licensed by the State of Kansas which may be open to the general public, where alcoholic liquor by the individual drink is sold.

“Licensed club” means a class A or class B club with a valid license issued by the State of Kansas.

“Other person in charge” means the agent of the proprietor authorized to perform administrative direction to, and general supervision of, the activities within a restaurant at any given time.

“Physically separated” means separated from the smoke-free restaurant area by continuous floor-to-ceiling walls which are interrupted only by doors which are continuously closed other than when a person is actively entering or exiting the smoke-free area.

“Proprietor” means the party, regardless of whether or not the party is owner or lessee of the restaurant, who ultimately controls, governs, or directs the activities within the restaurant. The term does not mean the owner of the property, unless the owner ultimately controls, governs, or directs the activities within the restaurant. The term proprietor may apply to a corporation, partnership or limited liability company as well as to an individual.

“Restaurant” means a public eating establishment, except drive-ins, in which the primary function is the preparation and serving of food on the premises.

“Separate designated smoking area” means an indoor area where smoking is allowed, physically separated from the required smoke-free restaurant areas, and which includes physical separation and appropriate ventilation so that smoke from those areas does not drift, permeate, or re-circulate into any smoke-free restaurant areas.

“Smoking” means the:

(1)   Carrying or placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in one’s mouth for the purpose of inhaling and exhaling smoke;

(2)   Placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in an ashtray or other receptacle and allowing smoke to diffuse in the air; or

(3)   Carrying or placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in one’s hands or any appendage or devices and allowing smoke to diffuse in the air.

(Ord. No. 2008-2948, §§ 1, 2, 1-3-2008)

Smoking shall not be permitted in a restaurant, except in the outdoor or sidewalk seating portions of a restaurant if the outdoor or sidewalk seating area and the indoor smoke-free restaurant area are physically separated.

(Ord. No. 2005-2889, § 1, 5-18-2005)

When a restaurant is located within a facility larger than the area used for the restaurant, no person shall smoke in the entire facility unless the proprietor or other person in charge of the facility has designated a smoking area which qualifies as a separate designated smoking area as defined by this article. Restaurants located within a larger facility include, without limitation, restaurants in truck stops, hotels, retail establishments, and convention or meeting facilities.

(Ord. No. 2005-2889, § 1, 5-18-2005)

The city building official is authorized to make reasonable requirements and determinations consistent with the building code and this article with regard to physical separation and appropriate ventilation in any case where those requirements need to be applied to smoke-free restaurant areas adjacent or connected to areas in which smoking is permitted.

(Ord. No. 2005-2889, § 1, 5-18-2005)

The prohibition against smoking in restaurants set forth in this article shall not apply to a:

(1)   Licensed club;

(2)   Bowling center/alley;

(3)   Bingo hall;

which, if located within a facility in which a restaurant is also located, must meet the separation and ventilation requirements of a separate designated smoking area.

(Ord. No. 2005-2889, § 1, 5-18-2005)

(a)   Licensed drinking establishments which derive from sales of food for consumption on the licensed drinking establishment premises not in excess of 30 percent of its gross receipts from all sales of food and beverages on such premises in a 12-month period shall be eligible for a waiver from the requirements of this chapter. In order to obtain such a waiver, application shall be made by the holder of the drinking establishment license verifying by sworn affidavit that the drinking establishment falls below the maximum food sales ratio. The city may, at its discretion and from time to time, require from the drinking establishment licensee copies of reports filed by the licensee with the Kansas Department of Alcohol and Beverage Control in order to verify licensee’s food sales ratio.

(b)   Drinking establishment licensees seeking to open a drinking establishment or substantially change operation of an existing establishment so that it may operate under the waiver for qualifying licensed drinking establishments shall provide a sworn affidavit and agreement which shall state that the licensee’s business plan projections indicate sales of food for consumption on the licensed drinking establishment premises shall not exceed 30 percent of its gross receipts from all sales of food and beverages on such premises.

(Ord. No. 2005-2889, § 1, 5-18-2005)

The proprietor or other person in charge of a place governed by this article shall:

(1)   Post signs of a size and type appropriate to inform patrons that no smoking is allowed on the premises;

(2)   Advise any person smoking in an area where smoking is prohibited that he or she is smoking in violation of city ordinance;

(3)   Advise any person who smokes in an area where smoking is prohibited by this article to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, shall ask the person to leave. If the offending person refuses to leave, the proprietor shall handle the situation consistent with lawful methods for handling persons acting in a disorderly manner or as a trespasser;

(4)   Remove all ashtrays and other smoking paraphernalia from areas where smoking is prohibited; and

(5)   In the case of a restaurant located within a facility larger than the area used for the restaurant, comply with all physical separation and ventilation standards to prevent the drifting, permeation, or re-circulation of smoke from any separate designated smoking area into the adjacent or connected areas of the restaurant.

(Ord. No. 2005-2889, § 1, 5-18-2005)

Violation of the prohibition against smoking in a restaurant set forth in this article shall be classified as an ordinance cigarette or tobacco infraction and shall be punishable by a fine in the amount established by state law as the fine for a cigarette or tobacco infraction (currently $25.00). Violation of the responsibilities of proprietors and other persons in charge of a place governed by this article shall be punishable by a fine of not more than $500.00, or by imprisonment for a period of not exceeding six months, or by both such fine and imprisonment, at the discretion of the court.

(Ord. No. 2005-2889, § 1, 5-18-2005)