02-10077.1 Exec SummaryCity Manager's Office
City Manager • Dennis M. Kissinger
C I T F 1, F City -County Building • 300 West Ash Street • P.O. Box 736
Sa L i n a Salina, Kansas 67402-0736
TELEPHONE (785) 309-5700 • FAX (785) 309-5711 • TDD(785)309-5747 • E-MAILdennis.kissinger@salina.org
April 17, 2002
EXECUTIVE SUMMARY
Ordinance Number 02-10077
AN ORDINANCE REGULATING SMOKING IN RESTAURANTS
On April 15, 2002, the Salina City Commission gave preliminary (1St Reading) approval of a city ordinance
(law) regulating smoking in restaurants within the city limits of Salina. The ordinance is scheduled for final
action on Monday, May 6, 2002 at 4:00 p.m. at the regular Salina City Commission meeting. Public comment
on this ordinance will be taken at that meeting. In the interim, written public comment will be accepted
through the City Manager's office. All written comments, favorable, unfavorable or miscellaneous will ble
provided to City Commissioners prior to that May 6 meeting.
The City Ordinance under consideration contains the key provisions summarized as follows:
1. Defines "restaurant" as offering for sale to the general public food for consumption on the L
premises. Limited food establishments containing seating for fewer than 11 persons are not
restaurants.
2. Restaurants, including accessory bars, must be "smoke-free" areas at all times except from 0:00
p.m. to 5:00 a.m., when smoking permitted sections may be designated in accordance with itate
law.
3. A "bar waiver' is available to a drinking estblishment which has less than 30% of its sales from
food.
4. Restaurants located within larger facilities, e.g. malls, retail stores, hotels, truck stops, must rnee
physical separation and ventilation requirements as an alternative to those larger facilities being
5.
6.
7.
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10.
smoke-free.
A restaurant's outdoor dining areas are not covered by the smoke-free standard.
Restaurant proprietors have certain responsibilities under the ordinance.
Licensed private clubs are exempt, as well as private banquet rooms. Bingo halls, bowling
centers and some other facilities where food service is incidental to their primary purpose are,
also exempt.
Administrative regulations will be adopted regarding required signage and other implementation
issues.
Penalties are included for violation. Smoking where prohibited would be a tobacco infraction,j
subject to a $25 fine. Proprietor violations would be handled in Municipal Court, with penaltie
applying as determined by the Municipal Court Judge. Maximum penalty in Municipal Court i
$500 per violation and/or six months imprisonment.
The effective date of the smoke-free restaurant law would be 60 -days following its adoption ad
publication. If approved on May 6th and published May 12, the ordinance would be in force ad
in effect on July 11, 2002.
Attachment: Ordinance No. 02-10077