Official City of Salina, Kansas Website

Q: When does the ordinance go into effect?
A: Compliance is required by Thursday, January 9, 2003.
Q: What will the ordinance do?
A: Prohibit all smoking in restaurants between the hours of 5:00 a.m. and 9:00 p.m.
Q: What is a "restaurant" according to the ordinance?
A: A "Restaurant" is a building or part of a building with table, booth or counter seating for eleven (11) or more persons and used as, advertised as, or held out to be an operation which prepares, serves or otherwise provides for sale of food and beverages for consumption on the premises.
Q: Could a convenience store be a restaurant?
A: Yes it could, if it sells food for on-premises consumption and has seating for 11 or more persons. For example, a convenience store or similar small business which sells pizza slices, sandwiches, donuts or other foods and has three 4-person booths would be classified as a restaurant and be subject to the smoke-free dining law. However, if that same business has (or reduces seating to) 10 or less dining seats, they would not be a restaurant. With 10 or fewer seats, they would be called a limited food service or snack bar and not covered by the restaurant smoking regulations.
Q: Are there other exemptions?
A: The restaurant smoking regulations don’t apply to:
- licensed clubs (state licensed, as defined in the ordinance)
- bowling centers (as defined; even if they have some incidental food service)
- recreational facilities (as defined; even if they have some incidental food service)
- hotel/motel non-retail dining areas (e.g. complimentary continental breakfast service)
- private dining or banquet rooms (as defined)
Q: Do you have examples of exempt licensed clubs?
A: "Class A" Clubs in Salina would be those non-profits such as the American Legion, Masonic Center, Salina Country Club and similar state licensed facilities not open to the general public. "Class B" Clubs are for-profit food and alcohol establishments for members only, specifically licensed as such by the state and meeting all their state law requirements. To our knowledge, there are currently no Class B licensed clubs in Salina.
Q: Where can I find more information about Class A and Class B Clubs?
A: Those requirements are in state law and regulations. Your attorney can provide research and advice.
Q: How are bars classified?
A: Salina has numerous drinking establishments, some which serve both food and alcoholic beverages. The City smoke-free restaurant ordinance does provide for waivers for certain drinking establishments, commonly called a "bar waiver." The key to eligibility for this waiver is the percentage of food sales compared to the percentage of alcohol sales. The ordinance states that a business is eligible for this waiver if their sale of food for on-premises consumption does not exceed 30% of its gross receipts from all food and beverages on the premises in a 12-month period. All businesses serving alcohol provide reports to the State on alcohol sales, in addition to their general sales tax returns. For example, a drinking establishment with only 25% of its gross food and beverage sales from food would be considered a "bar" by the City and could apply for the waiver. If sales of food made up more than 30% of total food and alcoholic beverage sales, they would be classified as a restaurant under the ordinance.
Q: Is the "bar waiver" automatic?
A: No. It must be applied for. A sample application and required sworn affidavit for requesting the exemption is provided with the compliance information packet or may be requested from the City Manager’s office.
Q: Can a place come under the 30% rule by "closing its kitchen" on certain occasions or certain hours of the day?
A: No.
Q: Can a bar area within the restaurant be considered separately and permit smoking?
A: No. Accessory bars are considered to be part of the restaurant and subject to the smoking regulations. However, in certain limited cases, a bar or lounge within the same larger premises as a restaurant may be considered a free-standing bar and potentially eligible for the waiver. For example, sometimes hotels have a cocktail lounge separate and independent from their restaurant. If not used as a restaurant, this separate bar may be considered for a waiver. A business may request an interpretation from the City in such cases. Decisions will be made after analyzing the full set of facts.
Q: If a business is classified as a restaurant, is there any way to remodel or build a separate dining room with the right ventilation, and permit smoking there during the 5:00 a.m. to 9:00 p.m. hours?
A: No. The City Ordinance does not contain any provisions for separate "smoking permitted" restaurant rooms or areas for retail dining.
Q: What if people order and pick up their food in the non-smoking restaurant? Can they carry it into another dining room where smoking can be permitted?
A: No. Retail customers dining in that room would make it part of the restaurant.
Q: Aren’t private banquet or dining rooms exempt?
A: Yes they are, but this will be strictly interpreted. For example, a restaurant may have a physically separate, private banquet room for rent by a group such as for a company meeting meal, private Christmas or wedding party, etc., and the group using and controlling the room may be allowed to permit smoking. A business with such a private dining room should request a compliance interpretation from the City.
Q: Can you explain the "restaurant located in a larger facility" section of the ordinance?
A: Some Salina dining establishments are located as part of a larger facility. Some hotels have restaurants; some grocery stores have restaurants; some truck stops have restaurants. Those businesses may not wish to have their entire premises non-smoking during the covered smoke-free dining hours. Such a business may, by meeting physical separation requirements, be able to designate other parts of their facility as smoking permitted areas while keeping their restaurant smoke-free. For example, a truck stop may wish to allow smoking in its retail store, truckers lounge or other non-restaurant areas. Or, a hotel may wish to permit smoking in some convention or meeting rooms or other non-restaurant areas physically separated from their restaurant itself. That would be possible, with guidance and interpretations provided by the City on a case by case analysis. As a general rule, the ordinance would prohibit smoking in all restaurant dining areas and in any area not physically separated.
Q: The law requires smoke-free dining from 5:00 a.m. to 9:00 p.m. Is a business required to designate a smoking section to be available after 9:00 p.m.?
A: No. Allowing smoking after 9:00 p.m. is purely optional and at the discretion of the restaurant proprietors. In Ames, Iowa, a similar city with a "time of day exception," some restaurants chose to go totally smoke-free for all hours, while others chose to permit smoking during the non-regulated hours. Whatever decision is made, signage should be used to make clear if, when, and where smoking is prohibited or permitted.
Q: What signs does a restaurant need to post?
A: The City wants to show some flexibility for the restaurants in their choice of signage. However, whatever signs are posted, they must be of a size, type and in appropriate locations to clearly advise dining patrons of the smoke-free dining regulations. Some examples of types of signage are included with the compliance packet. If a business has specific signage questions or plans on which they would like an interpretation, the City will respond directly. We want to keep signage simple, clear and effective.
Q: What responsibilities does a business have?
A: The proprietor or person in charge of a restaurant must:
- Meet signage requirements
- Advise any person smoking in a prohibited area that he or she is smoking in a prohibited area that they are violating city ordinances.
- Remove all ashtrays and other smoking paraphernalia from areas where smoking is prohibited.
- Ask a person smoking in a prohibited area to refrain from smoking, and if they do not refrain, ask them to leave the premises. If the person refuses to stop smoking or refuses to leave, the proprietor shall handle the situation using lawful methods of handling disorderly conduct or trespassing.
Q: Who gets charged if there is a smoking violation?
A: If an individual smokes in a restaurant in violation of the ordinance, that person may be cited for an "ordinance cigarette or tobacco infraction." The penalty for this is currently $25.00. Proprietors are expected to comply with their responsibilities identified in the ordinance. If they refuse or fail to meet those responsibilities, the proprietor may be charged in Municipal Court. Ordinance violations in Municipal Court carry fines up to a maximum of $500.00. If all parties act in good faith in carrying out responsibilities consistent with the intent of the ordinance, proprietor violation court action will be highly unlikely.
Q: How will the ordinance be enforced? Does the City expect enforcement problems?
A: City ordinances are enforced by a number of different departments. Enforcement is accomplished by verbal or written warnings, or by citations and notices to appear in Municipal Court if necessary. Just as with other city laws, officers of the Salina Police Department have the authority to issue tobacco infraction citations or take other appropriate action when they observe an offense. In some cases, especially those of potential proprietor violation, it is more likely that police officers or other authorized city officials would provide reports to the City Prosecutor for a determination as to whether Municipal Court charges should be filed.
In reality, experience in other cities across the country and in the Midwest leads us to believe enforcement problems will be minimal. Salina citizens and visitors are law-abiding and already voluntarily comply with smoking prohibitions in numerous establishments, e.g. movie theaters, grocery stores, Bicentennial Center, hospitals, schools and non-smoking businesses. This is unlikely to be different. As an example, in the first six-months of their similar smoke-free dining law, Ames, Iowa police only had to address two calls.
Q: What should a person do if they are in a restaurant and observe a smoking violation?
A: They should report the matter to their waiter or waitress and/or to restaurant management, who have the responsibility to request compliance. Restaurant management may contact police in the rare instance it is necessary. Individuals who observe and believe there are regular problems of non-compliance in a particular restaurant may wish to provide that information to the City Manager’s office for follow-up.
Q: Where can an individual or business obtain more information?
A: The compliance packet contains a copy of City Ordinance Number 02-10077, creating Article I. Smoking in Restaurants section of Chapter 30.5 Public Health of the City Code. This information is also available on the City of Salina website: www.salina-ks.gov, or by contacting the City Manager’s office.
A special information meeting will be held at 3:00 p.m. on Wednesday, December 11, 2002 in Room 107 of the City-County Building, 300 West Ash, Salina, Kansas.
Information Contact:
City Manager’s Office
City of Salina
P.O. Box 736, 300 West Ash
Salina, KS 67401
(785) 309-5700
:City Manager’s OfficeCity of SalinaP.O. Box 736, 300 West AshSalina, KS 67401(785) 309-5700

City/County Building
300 W. Ash Street
Salina, KS 67401