It shall be unlawful, with no requirement of a culpable mental state, to smoke or vape in an enclosed area or at a public meeting including, but not limited to:
(a) Public Places;
(b) Taxicabs and limousines;
(c) Restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities;
(d) Restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests;
(e) Access points of all buildings and facilities not exempted pursuant to subsection (d); and within a hotel or motel that may be rented to guests;
(f) Any place of employment.
(Ord. 1047; Code 2016)
Each employer having a place of employment that is an enclosed area shall provide a smoke-free and vape free workplace for all employees.
(a) Such employer shall also adopt and maintain a written smoking and vaping policy which shall prohibit smoking and vaping without exception in all areas of the place of employment.
(b) Such policy shall be communicated to all employees upon hiring.
(c) Each employer shall provide a written copy of the smoking and vaping policy upon request to any current or prospective employee.
(Ord. 1047; Code 2016)
Notwithstanding any other provision of this section, K.S.A. 2012 Supp.21-6111 or 21-6112, and amendments thereto, the proprietor or other person in charge of an adult care home as defined in K.S.A. 39-923, and amendments thereto, or a medical care facility, may designate a portion of such adult care home, or the licensed long-term care unit of such medical care facility, as a smoking or vaping area, and either smoking or vaping may be permitted within such designated smoking area.
(a) The provisions of this section shall not apply to:
(1) The outdoor areas of any building or facility beyond the access points of such building or facility;
(2) Private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto;
(3) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%;
(4) The gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
(5) That portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking or vaping area by the proprietor or other person in charge of such adult care home pursuant to subsection(c) and that is fully enclosed and ventilated;
(6) That portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking or vaping area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
(7) Tobacco or vape shops;
(8) A class A or B club defined in K.S.A. 41-2601, and amendments thereto, which (A) held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking or vaping on its premises;
(9) A private club in designated areas where minors are prohibited; and
(10) Any benefit cigar dinner or other cigar dinner of a substantially similar nature that:
(A) Is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986;
(B) Is conducted no more than once per calendar year by such organization; and
(C) Has been held during each of the previous three years prior to January 1, 2011.
(Ord. 1047; Code 2016)
Definitions for terms used in this article are as follows:
(a) “Access point” is defined as the area within a ten foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to subsection (d) of K.S.A. 2012 Supp. 21-6110, and amendments thereto.
(b) “Bar” is defined as any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.
(c) “Employee” is defined as any person who is employed by an en employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.
(d) “Employer” is defined as any person, partnership, corporation, association or organization, including municipal or non-profit entities, which employs one or more individual persons.
(e) “Enclosed area” is defined as all spaces between a floor and ceiling which is enclosed on all sides by solid walls, windows or doorways 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 or similar structures. For purposes of this section, the following which do not extend to the ceiling or are not solid or similar structures. For purposes of this section, the following shall not be considered an “enclosed area” :
(1) Rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and which are completely open to the elements and weather at all times; and
(2) Rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and which comprise of an area that is at least 20% of the total perimeter wall area of such room or area.
(f) “Food service establishment” is defined as any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries and any other private, public or nonprofit organization or institution routinely service food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
(g) “Gaming floor” is defined as the area of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A 74-8702, and amendments thereto, where patrons engage in Class III gaming. The gaming floor shall not include any areas used for accounting, maintenance, surveillance, security, administrative offices, storage, cash or cash counting, records, food service, lodging or entertainment, except that the gaming floor may include a bar where alcoholic beverages are serve so long as the bar is located entirely within the area where Class III gaming is conducted.
(h) “Medical care facility” is defined as a physician’s office, general hospital, special hospital, ambulatory surgery center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric hospital center or recuperation center, as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto.
(i) “Place of employment” is defined as any enclosed area under the control of a public or private employer, including, but not limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a “place of employment” unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(j) “Private Club” means an outdoor recreational facility operated primarily for the use of its owners, members and their guests that in its ordinary course of business is not open to the general public for which sue of its facilities has substantial dues or membership fee requirements for its members.
(k) “Public building” means any building owned or operated by any, city, department, agency, bureau, commission, authority or other instrumentality thereof.
(l) “Public place” is defined as any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care service are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a “public place” unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(m) “Smoking” is defined as the possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form of device designed for the use of tobacco.
(n) “Vaping” is defined as the possession of the possession any electronic or battery-powered device/vaporizer that simulates tobacco smoking or vaping by producing an aerosol that resembles smoke, vapor or any component thereof.
(o) “Tobacco shop” is defined as any indoor area operated primarily for the retail sale of tobacco, tobacco products or smoking or vaping devices or accessories, and which derives not less than 65% of its gross receipts from the sale of tobacco or vaping products.
(p) “Substantial dues or membership fee requirements” means initiation costs, dues or fees proportional to the cost of membership in similarly-situated outdoor recreational facilities that are not considered nominal and implemented to otherwise avoid or evade restrictions of a ban on smoking or vaping.
(Ord. 1047; Code 2016)
Tobacco and e-cigarette use is prohibited in outdoor recreational facilities in the City of Eudora, Kansas.
(a) It shall be unlawful for any person to use any form of tobacco or e-cigarette at or on any city-owned or operated outdoor recreational facilities. This includes but is not limited to playgrounds, athletic fields, aquatic areas, parks, walking trails, restrooms, and spectator or concession areas.
(b) Any person found to be in violation of this section shall be subject to immediate ejection from the city park or recreational facility.
(c) Tobacco use shall be defined as ingestion of any product containing, made, or derived from tobacco or containing nicotine, whether synthetically produced or derived from any other source that is intended for human consumption.
(d) E-cigarette use shall be defined as the ingestion of nicotine or other substances used in any electronic or battery-powered device/vaporizer that simulates tobacco smoking or vaping by producing an aerosol that resembles smoke, vapor or any component thereof.
(Ord. 1048; Code 2016)