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Executive Summary
Ordinance Number 02-10077
December 5, 2002
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. At the November 5 General Election, voters chose not to repeal the ordinance. Full compliance deadline for the smoke-free dining ordinance is Thursday, January 9, 2003.
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. At the November 5 General Election, voters chose not to repeal the ordinance. Full compliance deadline for the smoke-free dining ordinance is . 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.
- 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.
- A "bar waiver" is available to a drinking establishment which has less than 30% of its sales from food.
- 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.
- 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.
- 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.
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