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1. What is the Smoke-Free Air Act of 2018?

The Smoke-Free Air Act of 2018 prohibits smoking within all enclosed public places in St. Charles County, including, but not limited to, places of employment, hotels, commercial vehicles and restaurants,unless the establishment meets an exemption. Municipal ordinances may be stricter than the County ordinance.

2. How can I file a complaint about smoking in a public facility?

Complaints can be filed online by clicking SUBMIT A COMPLAINT and following the prompts.

3. As a business owner, what do I need to do to comply with the Smoke-Free Air Act of 2018?

Business owners must take steps to prohibit smoking in public spaces by:

• Clearly and visibly posting “No Smoking” signs or the international “No Smoking” symbol in the establishment.
• Clearly and visibly posting at every entrance a sign stating that smoking is prohibited.
• Removing all ash trays from any area where smoking is prohibited.
• Posting on every vehicle used for the business a sign that’s visible from the exterior of the vehicle stating that smoking is prohibited.
• Training staff on what to do if they see someone smoking.
• Asking smokers to please stop smoking inside the facility.
• Asking customers to leave if they refuse to comply.

4. My business is not a restaurant. Does this ordinance affect me?

Yes, smoking is now prohibited in all public places within St. Charles County, including places of employment, unless the establishment meets an exemption.

5. Are there exemptions to the Smoke-Free Air Act of 2018?

Yes, there are 10 exemptions to the Smoke-Free Air Act of 2018. To review these exemptions, please see St. Charles County Ordinance No. 18-070.

6. What is the outdoor 15-foot rule?

Smoking is prohibited in an outdoor are within a distance of 15 feet from entrances, operable windows, and ventilation systems of public enclosed spaces.

7. When did the Smoke-Free Air Act of 2108 take effect?

While passed by voters on Nov. 6, 2018, the ordinance did not take effect until Nov. 20, 2018 when the vote was certified by the St. Charles County Election Authority. Enforcement of the ordinance began on Jan. 28, 2019.

8. I live in a residential facility. Can I smoke there?

If the city or building owner allows it, yes, but only within the living quarters of the residence, per exemption number 8. However, smoking is not allowed in common areas of a residential facility, or within a residence used for child care, adult day care, as a group home, or health care facility.

9. Is smoking allowed in a gazebo or pavilion on my public property?

As long as the area is fully open to fresh air, smoking is permitted in these settings. However, if the area is bounded on more than two sides by walls, doorways or windows — regardless of these items being open or closed — then it is to be considered an enclosed public space. Smoking is prohibited within any enclosed public spaces.

10. Who will enforce the Smoke-Free Air Act of 2018?

The Department of Public Health will check for compliance of the ordinance when performing mandated inspections of licensed establishments. The department will investigate complaints, and, along with local law enforcement and fire departments, will enforce this ordinance.

11. Are there penalties for a violation of the Smoke-Free Air Act of 2018?

Penalties related to violation of this act will be enforced beginning Jan. 28, 2019, and are as follows:

• A person found guilty of smoking in an area where smoking is prohibited by this ordinance will receive a fine of $50.
• Owners/operators/managers who fail to comply with this ordinance are subject to fines of $100 for the first offense, $200 for the second offense and $500 for each additional offense within a one-year time period.

12. I'm receiving push-back from my employer for trying to abide by the smoking ordinance. What are my rights?

The ordinance is clear, stating:
“No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Section or reports or attempts to prosecute a violation of this Section. Violation is a misdemeanor, punishable by a fine not to exceed $1,000 for each violation.”

13. Do the cities of O'Fallon and Lake Saint Louis already have smoking bans in place?

Yes, smoking-related ordinances exist in some St. Charles County municipalities and can be more stringent than County ordinance. Review individual municipality ordinances for specifics.

14. What damage do smoking and secondhand smoke cause?

According to the Centers for Disease Control and Prevention, smoking is the leading cause of preventable death worldwide, with harms found in nearly every body organ from smoking. Tobacco smoke contains a mix of more than 7,000 chemicals, of which approximately 70 are recognized to cause cancer. Cigarette smoking is responsible for nearly 500,000 American deaths each year, including more than 41,000 deaths from secondhand smoke exposure.

15. I would like to quit smoking. Are there resources to help me?

The Missouri Tobacco Quitline is a free service available 24-hours a day for residents who want to quit smoking. For information, please call 1-800-QUIT-NOW (1-800-784-8669). Additional assistance is available through the American Lung Association.