ORDINANCE NUMBER 60
Prohibiting Smoking in Public Places and Places of Work
The St. Louis County Board of Commissioners ordains:
SECTION I. Title. This Ordinance shall be known and referenced as the St. Louis County Ordinance Number 60 Prohibiting Smoking in Public Places and Places of Work.
SECTION II. Purpose and Jurisdiction.
Subsection A. The purpose of this Ordinance is to protect the health, safety, and general welfare of the people of St. Louis County from the adverse effects of secondhand smoke by better ensuring their ability to breathe clean air; to affirm that breathing clean air has priority over smoking in public places; and to protect vulnerable populations, including employees, children, the elderly, and those with chronic health conditions, pursuant to the powers granted under Minnesota Statutes, Chapters 145A and 375.
Subsection B. As provided in Minnesota Statutes § 145A.05, this Ordinance applies throughout all of St. Louis County, including the municipalities therein.
Subsection C. Nothing in this Ordinance shall prevent other local levels of government within St. Louis County from adopting more restrictive measures to protect citizens from secondhand smoke.
SECTION III. Definitions.
Subsection A. “Bar” means a food establishment that has an on-sale non-intoxicating malt liquor license, an on-sale intoxicating malt liquor license, an on-sale wine license, and/or a strong beer liquor license issued by the State of Minnesota, the municipality within which it is located, or St. Louis County; that does not serve food or has a limited food menu selection, as defined by Minnesota Statutes § 157.16, subd. 3(d)(1), as amended from time to time; and that does not permit the entry or employment of minors at any time.
Subsection B. “Bar/Restaurant” means a food establishment that has an on-sale non-intoxicating malt liquor license, an on-sale intoxicating malt liquor license, an on-sale wine license, and/or a strong beer liquor license issued by the State of Minnesota, the municipality within which it is located, or St. Louis County; and that holds a small, medium or large food establishment license, as defined by Minnesota Statutes § 157.16, subd. 3(d)(2)-(4), as amended from time to time.
Subsection C. “Food Establishment” means an establishment, however designated, engaged in the preparation of serving food or beverages for consumption either on or off the premises, or anywhere consumption of food occurs on the premises. This term includes any establishment, however designated, that has an on-sale non-intoxicating malt liquor license, an on-sale intoxicating malt liquor license, an on-sale wine license, and/or a strong beer liquor license issued by the State of Minnesota, the municipality within which it is located, or St. Louis County.
Subsection D. “Other Person in Charge” means the agent of the Proprietor authorized to provide administrative direction to, and general supervision of, the activities within a public place or place of work at any given time.
Subsection E. “Place of Work” means any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship including, but not limited to, an employment relationship with or for a private for-profit or non-profit corporation, limited liability company, any form of partnership; an individual; or a government agency. A contractual relationship includes services which are performed gratuitously for which individuals are ordinarily paid. A contractual relationship does not include services by persons which are of an occasional nature performed from a non-permanent location, such as persons delivering goods to another from a truck.
Examples of a place of work include, but are not limited to, enclosed, indoor areas of an office, a factory, a hotel or motel, a vehicle, a warehouse, and other locations where services are performed under a contractual relationship. Enclosed, indoor areas of a private club and rooms used for private meetings or social functions are “places of work” if two or more persons acting under a contractual relationship provide cleaning, catering, food or beverage service, maintenance, or other support services in such locations.
Subsection F. “Private Club” means an incorporated non-profit organization organized or recognized under the laws of the State for civic, fraternal, social or business purposes, for intellectual improvement, for promotion of sports, or for a congressionally-chartered veterans’ organization which: (a) has owned or rented a building or space in a building for more than one year for the accommodation of its members; (b) is directed by a board of directors, executive committee, elected officers, or other similar body chosen by the members at a meeting held for that purpose; and (c) does not restrict its membership on the basis of race, color, creed, religion or national origin. No member, officer, agent or employee shall receive any profit from the distribution or sale of food or beverages to members of the club, or their guests, beyond a reasonable salary or wage fixed and voted upon each year by the governing body.
Subsection G. “Proprietor” means the party who ultimately controls, governs, or directs the activities within the public place or place of work, regardless of whether the party is owner or lessee of the public place or place of work. The term “Proprietor” may apply to a legal entity as well as an individual.
Subsection H. “Public Place” means any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, arenas, auditoriums, bars, bar/restaurants, bowling alleys, bowling centers, bingo halls, educational facilities other than public schools, food establishments, hospitals, pool halls, public conveyances, retail stores, offices and other commercial establishments, and common areas of rental apartment buildings.
Subsection I. “Resort” means a building, structure, enclosure, or any part thereof located on, or on property neighboring, any lake, stream, skiing or hunting area, or any recreational area for purposes of providing a convenient access thereto, kept, used, maintained, or advertised as, or held out to the public to be a place where sleeping accommodations are furnished to the public, and primarily to those seeking recreation for periods of one day, one week, or longer, and having for rent five or more cottages, rooms, or enclosures.
Subsection J. “Smoking” means inhaling or exhaling smoke from any lighted cigarette, cigar, pipe, or any other lighted tobacco or plant product. “Smoking” also means possessing or carrying a lighted cigar, cigarette, pipe or any other lighted tobacco or plant product intended for inhalation.
SECTION IV. Prohibitions.
Subsection A. Smoking Prohibited . To help prevent tobacco smoke from entering public places and places of work and to protect individuals entering such places from being exposed involuntarily to secondhand smoke, except as provided in Subsection B, smoking is prohibited in the following locations:
(1) Public places and places of work;
(2) Within twenty-five (25) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work.
Subsection B. Exceptions. The prohibitions of this Section do not apply to the following places or situations:
(1) Private residences;
(2) The use of tobacco as part of a traditional Indian spiritual or cultural ceremony;
(3) Guest rooms offered as sleeping accommodations to guests in hotels, motels, resorts, or similar lodging places;
(4) Private clubs at those times when admission to a club is limited to members and members’ guests. (This exception shall not apply to any organization established to avoid compliance with this Ordinance);
(5) Bars; and
(6) The bar area of a bar/restaurant if:
(a) The bar area is separately enclosed on all sides by continuous floor-to-ceiling walls, interrupted only by closeable doors;
(b) The bar area is separately ventilated, with negative air pressure in relation to areas of the bar/restaurant where smoking is not permitted; and
(c) Minors, under age 18, are not permitted in the bar area at any time.
SECTION V. Responsibilities of Proprietors. The proprietor or other person in charge of a public place or place of work where smoking is prohibited shall:
Subsection A. Post “No Smoking” signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0500, as amended from time to time;
Subsection B. Ensure that ashtrays, lighters, matchbooks, rolling papers or water pipes, such as hookahs or similar water pipes, are not provided in any area where smoking is prohibited; and
Subsection C. Ask any person who smokes in any area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave and, if the person refuses to leave, contact the appropriate law enforcement authorities.
SECTION VI. Private Prohibitions. Nothing in this Ordinance prevents the proprietor or other person in charge of any place, including, without limitation, any residence, lodging place, motor vehicle, or outdoor space, from prohibiting smoking in any such place.
SECTION VII. Retaliation Prohibited. No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke-free environment afforded by this Ordinance or other law.
SECTION VIII. Other Applicable Laws. This Ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statutes, Sections 144.411 to 144.417, as amended from time to time. Nothing in this Ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws.
SECTION IX. Violations and Penalties.
Subsection A. Smoking Where Prohibited. It is a violation of this Ordinance for any person to smoke in an area where smoking is prohibited by this Ordinance.
Subsection B. Proprietors. It is a violation of this Ordinance for the proprietor or other person in charge of any premises subject to this Ordinance to fail to comply with the requirements of Section V of this Ordinance or to retaliate against an employee, applicant for employment or customer, as prohibited by Section VII of this Ordinance.
Subsection C. Penalties.
(1) A violation of any provision of this Ordinance shall be a petty misdemeanor for the first offense. Any subsequent violation of any provision of this Ordinance shall be a misdemeanor. Each day of violation constitutes a separate offense.
(2) Failure to comply with any provision of this Ordinance may constitute
grounds for denial, refusal to renew, suspension, or revocation of any food, liquor, or other license issued by St. Louis County to the licensee.
Subsection D. Enforcement. Responsibility for enforcement of this Ordinance is with law enforcement agencies.
SECTION X. Severability. If any portion of this Ordinance is held unenforceable, then such provision will be modified to reflect the purpose of this Ordinance. All remaining provisions of this Ordinance shall remain in full force and effect.
SECTION XI. Effective Date. This Ordinance shall take effect ________________, 2007.
Passed this _____ day of _________________, 2007.
COUNTY OF ST. LOUIS
William Kron, Chairman of the County Board
Published this ____ day of ______________, 2007.