HomeMy WebLinkAbout2019-10-8594ORDINANCE NO. 2019-10-8594
AN ORDINANCE AMENDING CHAPTER 54, ARTICLE II "SMOKING IN PUBLIC
PLACES," DIVISION 2, "ENCLOSED PUBLIC PLACES, PLACES OF
EMPLOYMENT, AND CERTAIN OUTDOOR PLACES" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the City Commission hereby finds that with the adoption of Chapter 54,
Article II, it was the City Commission's intent to allow Retail Tobacco Stores to allow smoking
within such establishments; and
WHEREAS, the City Commission hereby finds that the Ordinance as set forth for the City
of Paducah does not further the City Commission's intent to allow for Retail Tobacco Stores to
develop opportunities to create and develop cigar -themed Bars within the City of Paducah; and
WHEREAS, as a result of the foregoing, the City Commission hereby declares that it is in
furtherance of the intent of the City Commission to amend Chapter 54, Article II of the Paducah
Code of Ordinances to allow for cigar bars or cigar lounges.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH AS FOLLOWS:
Section 1. That Chapter 54, Section 51, "Definitions" is hereby amended as follows:
(5) Electronic smoking device means any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person in any manner for
the purpose of inhaling vapor or aerosol from the product. The term includes any such device,
whether manufactured, distributed, marketed or sold as an e -cigarette, e -cigar, e -pipe, e -hookah,
or vape pen, or under any other product name or descriptor. This term shall also include liquid
nicotine or any other liquid, vapor, or aerosol manufactured for use with such devices.
Section 2. Further, that Chapter 54, Section 51, "Definitions" is hereby amended as follows:
(15) Retail Tobacco Store means a retail store devoted primarily to the sale of any tobacco
product, including, but not limited to cigarettes, cigars, pipe tobacco and chewing tobacco, and
accessories in which the sale of other products is merely incidental. The sale of such other products
shall be considered incidental if such sales generate less than one-third (1/3) of the total annual
gross sales. Notwithstanding anything to the contrary stated herein, the term "Retail Tobacco
Store" shall also include a "cigar bar" or "cigar lounge". A "cigar bar" or "cigar lounge" is any
Bar that is cigar -themed and focused, as evidenced by the following: (1) clearly states in its name
and marketing that it is a "cigar bar" or "cigar lounge," (2) derives at least ten percent (10%) of its
gross revenue from the on-site sale of tobacco products, which products shall not include the sale
of cigarettes, electronic smoking devices, or vaping liquids, and (3) maintains an on-site walk-in
humidor storing tobacco products for the intent of resale of tobacco products. A "cigar bar" or
"cigar lounge" shall not include any establishment which is primarily a Bar or Restaurant, as herein
defined, and which undertakes the retail offering of tobacco products as a means to circumvent the
purposes of this ordinance. If an establishment meets the requirements for designation as a "cigar
bar" or "cigar lounge" as stated herein, the fact that such establishment generates more than one-
third of total gross annual sales from the sale of alcohol shall not disqualify it as such.
Section 3. That Chapter 54, Section 52, is hereby amended as follows:
(a) No person shall smoke within any building or enclosed public place except in one (1)
of the following locations:
(1) In any dwelling, unless the dwelling is also used as a childcare facility, adult
day care center, assisted living facility, hotel/motel guest room, or health care
facility.
(2) In a private vehicle.
(3) In a retail tobacco store: , except that, in places meeting the definition of "cigar
bar" or "cigar lounge." smoking shall be limited only to cigars and pipe tobacco
and smoking of all other tobacco products shall be prohibited.
(4) Smoking areas provided in state or Federal governmental office buildings or
workplaces pursuant to KRS 61.165.
(5) In all enclosed places owned and occupied by private organizations or clubs.
(b) Smoking shall be prohibited in all places of employment, except as otherwise expressly
provided in section 54.52 A above.
(c) Smoking shall be prohibited in all private and semiprivate rooms in all health care
facilities, nursing homes, assisted living facilities, and hotel and motel guest rooms.
(d) Nothing in this division shall prevent a person in control of any place whatsoever from
prohibiting smoking completely in such place, and no person shall fail to abide by such a private
prohibition.
(e) Nothing in this division shall authorize smoking in any place where it is otherwise
prohibited by statute, ordinance, regulation, or by order of the Fire Marshall.
Section 4. Severability.
If any section or portion of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be
deemed severable and shall not affect the validity of the remaining sections of the ordinance.
Section 5. Effective Date.
This ordinance shall be read on two separate days and shall become effective upon
summary publication in accordance with KRS Chapter 424.
ran r Harless, Mayor
ATTEST:
Lindsay Parish, Ci Clerk
Introduced by the Board of Commissioners, October 8, 2019
Adopted by the Board of Commissioners, October 22, 2019
Recorded by Lindsay Parish, City Clerk, October 22, 2019
Published by The Paducah Sun on October 25, 2019
ORD\54-51 Amend Smoking Ordinance — Cigar Lounge