Health Department To Ask City - County To Regulage Smoke

The Riley County Health Department will be asking the City of Manhattan and the Riley County Commission to impose a
smoking band in restaurants and bars. Here are the regulations:

                                       HEALTH, SAFETY,

                               AND SANITATION DRAFT 02-18-00

Regulation of Smoking

Legislative Intent:

The purpose of this chapter is to protect the public health, safety, and welfare by prohibiting smoking in public conveyances
and buildings used for Food Establishments, except in certain buildings or parts of buildings where the commission has
determined that smoking should not be prohibited, and fixing the requirements of property owners in this regard.

Definitions:

The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Building" means any structure enclosed for protection from the weather, whether or not windows or doors are open. If a
person leases or possesses only a portion of a building, the term ôbuildingö applies to the leasehold or possessory interest as
well.

"Independently ventilated" shall mean that the ventilation system for the area in which smoking is permitted and the ventilation
system for any non-smoking area do not have a connection which allows the mixing of air into the smoking and non-smoking
areas.

"Physically separated" means that there are physical barriers such as walls and doors extending from floor to ceiling that
prohibit smoke from entering a non-smoking area.

"Public conveyance" means any motor vehicle or other means of conveyance licensed by the City of Manhattan for the
transportation of passengers for hire, and includes without limitation busses, taxicabs, limousine services, and airport
passenger services.

"Food Service Establishments" means any place in which food is served or is prepared for sale or service on the premises or
elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order caf_,
luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside stand, industrial-feeding
establishment, catering kitchen, commissary and any other private, public or nonprofit organization or institution routinely
serving food and any other eating or drinking establishment or operation where food is served or provided for the public with
or without charge.

"Smoke" or "smoking" means the lighting of any cigarette, cigar, or pipe or the possession of any lighted cigarette, cigar, or
pipe, regardless of its composition.

"Drinking establishment" means premises which may be open to the general public where alcoholic liquor or cereal malt
beverage by the individual drink is sold.

Smoking Prohibited Within Food Service Establishments:

(a) No person shall smoke within any building used as a Food Service Establishment except in one of the following locations:

(1) A "Class A Club" as defined by KSA 41-2601 may be used for private social functions when it is not open to the public.
When the ôClass A Clubö is open to the public, they must meet the same requirements as the "Food Service Establishments".

(2) In a designated smoking area in a Food Service Establishment or Drinking Establishment as provided in "Smoking Areas
in Food Service Establishments and Drinking Establishments"; or

(3) In a building or on property which is occupied by the State of Kansas, the United States government, Riley County, or
USD 383 which was not designated as a no-smoking area by the manager of such area. The city commission urges such
governmental entities to designate no smoking areas in order to promote full access by the public and protect the health of
employees.

(b) Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including,
without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in such place, and no
person shall fail to abide by such a private prohibition.

Smoking Prohibited in Public Conveyances:

No person shall smoke in any public conveyance.

Smoking Areas in Food Establishments and Drinking Establishments:

(a) The owner, lessee, principal manager, or person in control of a food service establishment or drinking establishment may
designate one smoking area of no more than fifty percent of the square footage of the floor area of the establishment which is
open to the public so long as it meets all of the following criteria:

(1) It is independently ventilated from the non-smoking areas;

(2) It is physically separated from the non-smoking areas;

(3) A designated smoking area under this section may not include any waiting area, lobby, hallway, entrance to a
non-smoking area, elevator, restroom, or area adjacent to a self-service food line or cash register, and such areas shall also
be excluded from the calculation of the square footage of floor area under this subsection; and

(4) Any service or amenity which the food service establishment or drinking establishment chooses to provide to patrons,
other than smoking, shall at all times be at least as available in the non-smoking majority portion of the establishment as in the
designated smoking area. This requirement includes, without limitation, live entertainment and games.

(5) The city manager may make reasonable rules interpreting the terms "independently ventilated" and "physically separated"
and specifying ventilating and construction measures which will accomplish these goals.

(b) No owner, lessee, principal manager, or person in control of a food service establishment or drinking establishment which
designates a smoking area shall fail to maintain it in accordance with the requirements of this chapter.

(c) If patron seating at an establishment with a designated smoking area is directed by an employee, no owner, lessee,
principal manager, or person in control of the establishment shall fail to ensure that such employee asks each patron for the
patron's preference for seating in or use of a no-smoking or a smoking area. If patron seating or use at an establishment with
a designated smoking area is not directed by an employee, no owner, lessee, principal manager, or person in control of the
establishment shall fail to post a conspicuous sign on all public entrances or in a position clearly visible on entry into the
restaurant advising patrons that such a no-smoking area is available and where it is located.

Signs Required to be Posted in Food Service Establishments and Drinking Establishments:

To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, no owner, lessee, principal manager, or
person in control of a building or an establishment within a building shall fail to post signs with letters no less than one inch
high or symbols no less than three inches high as follows:

(a) Where smoking is prohibited in the entire establishment, a sign using the words "No Smoking" or the international
no-smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into
the building or establishment.

(b) In a building where certain areas are designated as smoking areas pursuant to this chapter, a sign using the words "No
Smoking Except in Designated Areas" shall be posted conspicuously either on all public entrances or in a position clearly
visible on entry into the building.

(c) If an ashtray or other receptacle for extinguished smoking materials is located in a building, except in an area where
smoking is permitted, a sign with the international no-smoking symbol and letters no less than one inch high using the words
"No Smoking" and three-quarters inch high using the words "Extinguish Here," shall be posted within twelve inches above
each such ashtray or other receptacle.

Additional Responsibilities of Proprietors:

(a) No owner, lessee, principal manager, or person in control of a food service or drinking establishment shall fail to:

(1) Ask smokers to refrain from smoking in any no-smoking area;

(2) In a food service establishment or drinking establishment, if smoking is allowed, affirmatively direct smokers to designated
smoking areas; and

(3) Use any other means which may be appropriate to further the intent of this chapter.