Without discussion, in a 4 to 2 vote, the Columbus City Council Tuesday passed a city-wide smoking ordinance.
The ordinance, which largely is modeled after a Tennessee state law, bans smoking in “all enclosed public places,” including restaurants, but allows smoking in “age-restricted venues” — or bars, restaurants and other establishments which only allow people age 21 or older to enter — and “private clubs,” which restrict access to the general public.
Additionally, the ordinance allows businesses with three or fewer employees to designate enclosed smoking rooms, inaccessible to the general public, and provides exemptions for “non-enclosed areas of public places, including, open-air patios, porches or decks.”
Ward 2 Councilman Joseph Mickens and Ward 3 Councilman Charlie Box, who said he only could support a “zero-tolerance proposal,” voted against the ordinance.
The ordinance now will “sit on the table” for 30 days, before being presented to the council for final adoption, said City Attorney Jeff Turnage.
In another matter, the council issued a proclamation recognizing Alana V. Edwards, a Columbus native who recently became the youngest person elected to the Birmingham, Ala. Board of Education.
A 2003 graduate of Victory Christian Academy and a 2007 graduate of the University of Alabama at Birmingham, Edwards, 23, is the youngest of six children and a daughter of Pastor J.C. Edwards and Lottie Edwards of Columbus; she also is the niece of Joe Edwards, Columbus’ first African American city councilman.
Alana Edwards, who resides in Birmingham, defeated two-term incumbent Odessa Ashley, 75, for the District 7 seat and Monday was recognized by the Lowndes County Board of Supervisors for her accomplishments.
Proposed ordinance
AN ORDINANCE OF THE CITY OF COLUMBUS, MISSISSIPPI, ENACTING AN ORDINANCE
BANNING AND/OR RESTRICTING SMOKING
KNOWN AS THE COLUMBUS, MISSISSIPPI
NON-SMOKER PROTECTION ACT
WHEREAS, scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; and
WHEREAS, such scientific studies, including studies by the Surgeon General of the United States, have shown that breathing secondhand smoke poses a significant health hazard; and
WHEREAS, the Mayor and the City Council find and declare that the purposes of this ordinance are to protect the public health and to promote the general welfare of its citizens by prohibiting smoking in public places and places of employment; and
WHEREAS, the Mayor and the City Council find it in the best interest of the public health and welfare to provide a copy of the Smoking Ban Ordinance;
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF COLUMBUS, MISSISSIPPI:
1. Short Title.
This Ordinance shall be known and may be cited as the “Columbus, Mississippi Non-Smoker Protection Act”.
2. Definitions.
As used in this part, unless the context requires otherwise:
(1) “Acceptable form of identification” means:
(A) A state-issued driver license;
(B) A state-issued identification card;
(C) A valid passport; or
(D) A valid military identification card;
(2) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to such buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
(3) “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers such person’s services for a non-profit entity; and
(4) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or non-profit entity that employs the services of one (1) or more individual persons;
(5) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to ceiling;
(6) “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;
(7) “Person” means an individual, partnership, committee, association, corporation or any other organization or group of persons;
(8) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility;
(9) “Private club” means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria:
(A) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;
(B) Limit access and use of facilities, services and activities of the organization to members and guests of the members;
(C) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and
(D) Advertise exclusively and only to its members, excluding membership drives;
“Private club” also means any institution or organization that has received a determination of exemption from the Internal Revenue Service under United States Code 26 U.S.C. § 501(c)(19);
(10) “Public place” means an enclosed area to which the public is invited including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;
(11) “Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant;
(12) “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories;
(13) “Service line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;
(14) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments;
(15) “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco or similar product in any manner or in any form; and
(16) “Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, o
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