Kingdom City Definitions ordinance (§ 235.010)

The following words and phrases, whenever used in this Chapter shall be as defined as follows:

BAR: Any licensed establishment which serves liquor on the premises and which the serving of food is only incidental to the consumption of those beverages.

BUSINESS: A sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

E-CIGARETTE: Any electric oral device, such as one (1) composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or any other product name or descriptor.

EMPLOYEE: Any person who performs services for an employer, with or without compensation.

EMPLOYER: A person, partnership, association, corporation, trust, or other organized group of individuals, including the Village or any agency thereof, which utilizes the services of one (1) or more employees.

ENCLOSED AREA: All space between a floor and ceiling that is enclosed on all sides by walls or windows (exclusive of doorways).

HEALTH CARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of physicians, chiropractors, physical therapists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health care facilities.

OTHER PERSON IN CHARGE: The agent of the proprietor authorized to give administrative directions to and general supervision of the activities within the public place, work place or public meeting at any given time.

PLACE OF EMPLOYMENT: An area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a licensed child care, licensed adult day care, or licensed health care facility.

PRIVATE CLUB: A not-for-profit organization whether incorporated or not, under the laws of the State of Missouri, for fraternal or social purposes or for a congressionally chartered veterans' organization, which has a defined membership and restricts admission to members of the club and their guests.

1. Private club shall not include an establishment that is open to members of the general public upon payment of a nominal fee.

2. In addition, a "private club" must meet the following requirements:

a. The establishment must have a defined membership. This means:

(1) It must have a written definition and description of its membership policies, including a description of eligibility for membership, and must administer its membership system consistent with those policies;

(2) It must structure its memberships so as to provide for membership status to be ongoing for a period of no less than one (1) year, as opposed to one-time, weekly or incidental memberships; and

(3) It must maintain a written list of current members.

b. The establishment may charge a fee for membership in an amount intended to defray the ongoing cost of providing services to members (not a "cover charge" intended to pay for a single night or week's entertainment). Continued and ongoing payment of the membership fee must be required in order to maintain membership.

c. The establishment must restrict admission to its premises to only members and a limited number of invited guests who are accompanied by members. The establishment must not be open to the general public, although infrequent, occasional public functions may be permissible so long as they constitute an insignificant proportion of the establishment's operation and so long as smoking is prohibited during any such public function.

d. The organization is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wage fixed and voted upon each year by the governing body.

e. A private club shall be considered a "public place" when it is the site of a meeting, event or activity that is open to the public, including but not limited to operating a bingo facility.

PROPRIETOR: The party who ultimately controls, governs or directs the activities within the public place, workplace or public meeting, regardless of whether he/she is the owner or lessor of such place or site. The term does not mean the owner of the property unless he/she ultimately controls, governs or directs the activities within the public place or public meeting. The term "proprietor" shall apply to a corporation as well as an individual.

PUBLIC MEETING: A gathering in person of members or a governmental body, whether an open or closed session, as defined in Chapter 610, RSMo.

PUBLIC PLACE: An enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, food production and marketing establishments, retail service establishments, retail stores, commercial establishments, private clubs, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a licensed child care, licensed adult day care, or licensed health care facility.

RESTAURANT: An eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant.

RETAIL TOBACCO STORE: A retail store used primarily for the sale of smoking materials and smoking accessories in which the sale of other products is incidental and where smoking is permitted within the public place. "Retail tobacco store" does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or bar or retail stores used primarily for the sale of smoking materials where no provisions for smoking within the public place are provided or permitted.

SERVICE LINE: An indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

SHOPPING MALL: An enclosed public walkway or hall area that serves to connect retail or professional establishments.

SMOKING: Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other tobacco product. "Smoking" does not include the use of an e-cigarette.

SPORTS ARENA: Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.