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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