Poll: Will Area Businesses Be Ready On January 2nd For New Smoke-Free Laws?
One week from today, Sunday January 2, 2011, new smoke-free laws will begin in the City of St. Louis and St. Louis County.
In the city it is ordinance 68481, the St. Louis City Smoke Free Air Act of 2009.  There are a few notable exceptions, small bars in particular:
7. Bars in existence on the effective date of this ordinance in which only persons aged twenty one (21) years old or older are permitted to enter the premises, the square footage of the entire floor area of the level of the building on which the bar establishment is located is two thousand (2000) square feet or less. The square footage shall not include kitchen areas, storage areas and bathrooms. The bar shall prominently displays outside of the premises at each entrance and above the bar the following sign in lettering that is black bold Arial font at (ninety-eight) 98 point size: “WARNING : SMOKING ALLOWED HERE”. This exemption for bars shall expire five (5) years after the effective date of this ordinance.
So a place that is 2,200 square feet with 400sf of that in kitchen & bathrooms cannot be exempt? I can see a lot of confusion over this exemption. Â But clearly places that believe they are exempt need to post a sign outside indicating as much. On January 2, 2016 their exemption goes away.
Conversely all other establishments are required to indicate they are smoke-free:
SECTION NINE. Posting of Signs
1. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Ordinance, by the owner, operator, manager, or other person in control of that place.
2. Every public place and place of employment where smoking is prohibited by this Ordinance shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment under this Ordinance shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
3. All ashtrays shall be removed from any area where smoking is prohibited by this Ordinance by the owner, operator, manager, or other person having control of the area.
I can imagine many smoke-free businesses failing to indicate they are smoke-free as required.
St. Louis County’s law has similar requirements for signs:
Signs clearly stating smoking is prohibited must be prominently displayed on the outside of the establishment at all public and employee entrances. A person having control of a place shall clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances where smoking is prohibited pursuant to this chapter. Such signage shall consist of letters not less than one inch in height. (605.050)
St. Louis County has a different exemption for bars:
Drinking establishments which are in operation on or before the effective date of this chapter; provided, however, that no smoke infiltrates into areas where smoking is otherwise prohibited, and further provided that each such drinking establishment has posted in a place visible to the public from its exterior a certificate of exemption issued by the Department of Revenue. Click here to apply for this exemption.
Confused yet? Take the poll this week (upper right) on how ready you think area businesses will be next week.
– Steve Patterson