Title 11 - Peace, Morals and Safety

11.52.170 Where Smoking is Not Regulated.

Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall not be subject to the smoking restrictions of this Ordinance:

1. A.
   Private residences, not serving as enclosed places of employment or an enclosed public place.
2. B.
   Enclosed retail establishments whose primary business is the sale of tobacco products. Provided, enclosed retail establishments whose primary business is the sale of tobacco products which are established after March 31, 2008, can only be located in a stand-alone building not attached to or part of any building devoted to other uses.
3. C.
   Enclosed retail establishments whose primary business is the sale of electronic cigarettes, which shall include, but not be limited to, any electronic or battery-powered vaporizer that simulates tobacco smoking by producing an aerosol that resembles smoke, or any component thereof. Provided, enclosed retail establishments whose primary business is the sale of electronic cigarettes which are established after August 31, 2014, can only be located in a stand-alone building not attached to or part of any building devoted to other uses.
4. D.
   That portion of a medical or clinical research facility constituting a separately ventilated, secure smoking room dedicated and used solely and exclusively for clinical research activities conducted in accordance with regulatory authority of the United States or the state of Kansas, as determined by the director of alcoholic beverage control of the department of revenue.

(History: Ord. POC-3097 §1, 2015; POC-3054 §5, 2014; POC-2632 §4, 2008)

Effective on: 1/1/1901