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Kirkwood Clears Air On Pair Of Smoking Bans
Webster-Kirkwood Times
11/13/2009
For Kirkwood residents, the biggest difference between the new no-smoking measures approved by voters Nov. 3 - one for the city, one for the whole county - is that restrictions will go into effect a year earlier.
The city's ordinance, which is in some ways more stringent, becomes effective Jan. 2; the county ordinance goes on line a year later.
City Attorney John Hessel spelled out the differences to the Kirkwood City Council last week. In all cases, the stiffer rules will apply, and in nearly all cases that will be Kirkwood's rules, he said.
"The good news is that in many cases the regulations are very similar," Hessel said.
Hessel suggested the council resolve all differences by passing an ordinance adopting the restrictions in the county ordinance wherever they are more stringent.
Only one salient point of divergence has attracted attention so far: The county ordinance's prohibition on smoking outside establishments serving the public. Kirkwood's ordinance does not prohibit outside smoking; the county ordinance pushes smokers 15 feet away from the entrance of a building serving the public. However, both exempt dining areas outside restaurants.
Casinos are exempt in the county ordinance, as are saloons that make 25 percent or less of their gross receipts from food. Neither is exempt in Kirkwood, meaning the county prohibition will apply. There is no casino in Kirkwood anyway, and only one bar that would qualify for exemption under the county ordinance, according to an unofficial count by Mayor Art McDonnell.
Cigar smokers hoping to light up a stogie in a friendly saloon will be out of luck in Kirkwood. Cigar bars are permitted by the county ordinance, but forbidden by the city ordinance.
However, discerning smokers will still be able to sample before buying in their favorite tobacco shop - so long as no food is offered. Tobacco shops - defined as places that do not serve food and that derive 80 percent of their receipts from the sale of tobacco - will be exempt (the county ordinance would have exempted stores with 60 percent of sales from tobacco).
Finally, patriotism will be no refuge for Kirkwood smokers. The city's ordinance will not permit private clubs, including veterans' organizations, to allow smoking, unless they were established prior to March 1, 2009 and do not use paid outside help, or any help from persons under 18. The county ordinance exempts veterans' organizations and any club that restricts admission to members and their guests.
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