§ 17-137. Exceptions; discretion of employers and proprietors.

(a)

Unless otherwise provided herein, this article shall not apply to:

(1)

Private homes, private residences, and private automobiles not serving as enclosed places of employment or an enclosed public place; including residences under the control, ownership or lease by the unified government and the city housing authority; nothing herein shall prohibit the unified government or the city housing authority from limiting, regulating or prohibiting smoking in such residences;

(2)

Private clubs which:

a.

Had a valid city and state private club license as of November 1, 2008; and

b.

Currently have a valid city and state private club license.

(3)

Any hotel or motel room permanently designated as a "smoking" room so long as such rooms do not exceed 20 percent of the total accommodations within the establishment that are offered for lease or rent to the public;

(4)

Existing specialty tobacco and electronic cigarette stores and new specialty tobacco and electronic cigarette stores which are enclosed and separated from other structures and which do not share a common system of ventilation;

(5)

Outdoor, unenclosed areas of restaurants, drinking establishments, or private clubs including but not limited to decks and patios where smoking is allowed. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment;

(6)

Lottery gaming facilities and race track gaming facilities until all lottery gaming and racetrack gaming facilities located in the Missouri counties of Jackson, Platte and Clay, and the Kansas counties of Johnson and Wyandotte (the "relevant counties"), but not including Native American lottery gaming facilities, are obligated by ordinance, statute or law to prohibit smoking within the areas where lottery gaming and racetrack gaming is allowed. To determine when lottery gaming and racetrack gaming facilities areas are no longer exempt from this article as described above:

a.

The city clerk with the advice of the director of health will maintain a library of smoking ordinances from all cities located in the relevant counties.

b.

When smoking within casino gaming areas has been banned in those jurisdictions in which casinos are located in the relevant counties, the city clerk shall provide for public notice through the city's internet site, news releases and a communication to the city council.

c.

Such notice shall state that this article will apply to casino gaming areas after 60 days from the date of the notice.

(7)

Open burning which means the burning of any materials in which contaminants resulting from combustion are emitted directly into the ambient air without passing through an enclosed chamber that meets all applicable state and federal air pollution regulations, but shall not include "smoking" as that term is defined in Section 17-133 herein.

(b)

This article shall not prevent or be construed to limit the right of any employer or proprietor from adopting smoking prohibitions that are more stringent than the requirements of this article.

(Ord. No. O-91-08, § 7, 12-18-2008; Ord. No. O-18-09, § 1, 2-19-2009; Ord. No. O-35-15 , § 4, 7-9-2015)