02-10077.2 Exec Summary 2City Manager's Office
City Manager • Dennis M. Kissinger
City -County Building • 300 West Ash Street • P.O. Box 736
Salina, Kansas 67402-0736
' 1 TELEPHONE (785) 309-5700 • FAX (785) 309-5711 • TDD (785) 309-5747 • E-MAIL dennis.kissinger@salina.org
September 26, 2002
EXECUTIVE SUMMARY
Ordinance Number 02-10077
AN ORDINANCE REGULATING SMOKING IN RESTAURANTS
On Monday, May 6, 2002, the Salina City Commission gave final approval to a city ordinance (law)
regulating smoking in restaurants within the city limits of Salina. The ordinance has not been
implemented, pending voter decision at the November 5 general election.
The pending City Ordinance contains key provisions summarized as follows:
Defines "restaurant" as offering for sale to the general public food for consumption on the
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 9:00
p.m. to 5:00 a.m., when smoking permitted sections may be designated in accordance with state
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 meet
physical separation and ventilation requirements as an alternative to those larger facilities being
smoke-free.
5. A restaurant's outdoor dining areas are not covered by the smoke-free standard.
6. Restaurant proprietors have certain responsibilities under the ordinance.
7. 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.
8. Administrative regulations will be adopted regarding required signage and other implementation
issues.
9. Penalties are included for violation. Smoking where prohibited would be a tobacco infraction,
subject to a $25 fine. Proprietor violations would be handled in Municipal Court, with penalties
applying as determined by the Municipal Court Judge. Maximum penalty in Municipal Court is
$500 per violation and/or six months imprisonment.
Attachment: Ordinance No. 02-10077 (original ordinance)
Ordinance No. 02-10085 (amending original ordinance)
Ordinance No. 02-10089 (amending original ordinance and repealing 02-10085)