What's the difference between the St. Louis County and Kirkwood smoking bans?

KSDK -- Voters approved two smoking bans earlier this month, one affects everyone living in St. Louis County and the other Kirkwood.

Some questions have been asked about how Kirkwood's differs from St. Louis County's. 

First, Kirkwood's goes into effect much sooner.  The start date is January 2, 2010.  St. Louis County's does not start until January 2, 2011.

Both the Kirkwood smoking ban and the St. Louis County ban prohibit smoking ain all enclosed places of employment and in all enclosed public places.   Both pieces of legislation then identify particular enclosed places, but the list is not all inclusive.

The only significant difference is that the county ordinance prohibits smoking on sidewalks, driveways and other open areas within 15 feet of the entry to any building owned or
occupied by any governmental entity, and prohibits smoking within 15 feet of an entry to any building open to the public.  The entryway prohibition does not apply to outside dining areas where smoking is permitted or to entries that are located less than 50 feet from another public entry.

There are several differences between the Kirkwood and county ban with respect to the areas that are not regulated.

They are as follows:

Private residences

St. Louis County

Allowed in private residences, not serving as
enclosed places of employment or
enclosed public places.

Kirkwood

Allowed in private residences, except licensed
child care facilities, adult day care
facilities, health care facilities or
enclosed places of employment.

Clubs

St. Louis County

Allowed in private clubs which are defined to
include paternal, social and
congressionally chartered veterans
organizations that restrict admissions to
members of the club and their guests.
However, the exemption from smoking
does not apply when the private club is
the sight of a meeting, event or activity
that is open to the public.

Kirkwood

Allowed in membership associations that were in
existence as of March 1, 2009 provided
that all of the duties relating to the
operation of the association are
performed by members of the
association or at least 18 years of age
and do not receive compensation of any
kind.

Retail establishments

St. Louis County

Allowed in retail establishments in which food is
not prepared and where more than 60
percent of the volume of trade or
business is the sale of tobacco and
tobacco-related products.

Kirkwood

Allowed in retail tobacco stores that derive more
than 80 percent of their total gross
revenues from the sale of tobacco or
tobacco products.


Bars

St. Louis County

Allowed in drinking establishments which were
licensed to sell intoxicating liquor
whose on-sight sale of food for
consumption of the premises comprises
no more than 25 percent of the gross
sales.

Kirkwood

No exemption.



Both ban smoking in outdoor dining areas for restaurants.

Under both, 20 percent of hotel and motel rooms will be permanently designated as smoking rooms.

The county ban allows smoking private and semi-private rooms and nursing homes and long-term care facilities, the residents of which are all smokers and have all requested the management of the sale need to be placed in a room where smoking is
permitted. Kirkwood makes no exemption.

Both bans prohibits an owner, proprietor or manager from knowingly permitting a person to violate the prohibitions. However, they are not responsible if they have asked that the tobacco product be extinguished and asked the person to leave but they fail to do so. In addition, businesses must post "No Smoking" signs or the international "No Smoking" symbol near all entrances where smoking is prohibited.

The St. Louis County Smoking Ban requires all employers to supply a written copy of a smoking policy upon request to any existing or prospective employee. The Kirkwood legislation
does not contain such a requirement.

The only provision in the St. Louis County Ordinance that is more restrictive than the Kirkwood Ordinance is the prohibition against smoking on sidewalks near an entryway.