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SECOND REGULAR SESSION
HOUSE BILL NO. 1901
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PLANK.
4060H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 191.765, 191.767, 191.769, 191.771, 191.773, 191.775, 191.776, and
191.777, RSMo, and to enact in lieu thereof nine new sections relating to indoor air
quality , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 191.765, 191.767, 191.769, 191.771, 191.773, 191.775, 191.776,
2 and 191.777, RSMo, are repealed and nine new sections enacted in lieu thereof, to be known
3 as sections 191.2710, 191.2715, 191.2720, 191.2725, 191.2730, 191.2735, 191.2740,
4 191.2745, and 191.2750, to read as follows:
191.2710. Sections 191.2710 to 191.2750 shall be known and may be cited as the
2 "Missouri Clean Indoor Air Act".
191.2715. As used in sections 191.2710 to 191.2750, unless the context otherwise
2 r equir es, the following terms mean:
3 (1) "Auditorium", the part of a public building wher e an audience gathers to
4 attend a performance, including any corridors, hallways, or lobbies adjacent ther eto;
5 (2) "Bar", any indoor ar ea that is operated and licensed under chapter 31 1,
6 primarily for the sale and service of alcoholic beverages for on-pr emises consumption
7 and wher e the service of food is secondary to the consumption of such alcoholic
8 beverages;
9 (3) "Cigar -tobacco bar", a bar that:
10 (a) Is located in a freest anding structure occupied solely by the bar such that the
11 bar does not shar e any wall with an indoor area in which smoking is proh ibited under
12 sections 191.2710 to 191.2750; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
13 (b) In the calendar year ending December 31, 2025, derived reven ue fr om the
14 on-site sale of tobacco pr oducts and the rent al of on-site humidors, not including any
15 sales fro m vending machines;
16 (4) "Electroni c smoking device" or "ESD":
17 (a) Any pr oduct that contains or delivers nicotine or any other substance
18 intended for human consumption and that can be used by a person to enable the
19 inhalation of vapor or aerosol fr om the pr oduct; or
20 (b) Any pro duct or device similar to a prod uct described in paragraph (a) of this
21 subdivision, whether manufactur ed, distributed, marketed, or sold as an e-cigaret te, e-
22 cigar , e-pipe, e-hookah, or vape pen or under any other pr oduct name or descriptor;
23 (c) Shall not include:
24 a. A humidifier or similar device that emits only water vapor; or
25 b. An inhaler , nebulizer , or vaporizer that is appr oved by the federal Food and
26 Drug Administration for the delivery of medication;
27 (5) "Employee":
28 (a) Any person who:
29 a. Performs any type of work for benefit of another in consideration of dir ect or
30 indir ect wages or pr ofit; or
31 b. Pr ovides uncompensated work or services to a business or nonpr ofit entity;
32 and
33 (b) Shall include every person described in paragraph (a) of this subdivision
34 r egardless of whether such person is r eferred to as an employee, contractor ,
35 independent contractor , or volunteer or by any other designation or title;
36 (6) "Employer", any person, partnership, association, corporation, or nonpr ofit
37 entity that employs one or mor e persons including, but not limited to, the legislative,
38 executive, and judicial branches of state government; any political subdivision or
39 instrumentality ther eof; any special district or local authority , commission, or agency of
40 the state; or any other separate corporate instrumentality or unit of state or local
41 government;
42 (7) "Enclosed area" , all space between a floor and a ceiling that is bounded on at
43 least two sides by walls, doorways, or windows, whether open or closed. For purposes of
44 this subdivision, a wall includes any ret ractable divider , garage door , or other physical
45 barrier , whether temporary or permanent, regard less of whether it contains openings of
46 any kind;
47 (8) "Entryway", the outside of the fr ont or main doorway leading into a building
48 or facility that is not exempted fr om sections 191.2710 to 191.2750 under section
49 191.2725. The term "entryway" shall include the area of public or private pr operty
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50 within a specified radius outside of the doorway . The specified radius may be
51 determined by a political subdivision under section 191.2735 but shall be at least twenty-
52 five feet unless subdivision (2) or (3) of subsection 3 of section 191.2735 applies. If the
53 political subdivision has not acted, the specified radius is twenty-five feet;
54 (9) "Exempt cigar -tobacco bar", a cigar -tobacco bar that, in the most recen t
55 calendar year , derived mor e than fifty per cent of its annual gross revenu e fro m the on-
56 site sale of tobacco pro ducts and the rent al of on-site humidors, not including any sales
57 fr om vending machines, as verified by the department of health and senior services;
58 (10) "Food service establishment", any indoor ar ea or portion ther eof in which
59 the principal business is the sale of food for on-premis es consumption including, but not
60 limited to, res taurants, cafeterias, coffee shops, diners, sandwich shops, and short-order
61 cafes;
62 (1 1) "Health car e facility", an office or institution pr oviding car e or tr eatment of
63 diseases, whether physical, mental, or emotional, or other medical, physiological, or
64 psychological conditions including, but not limited to, hospitals; r ehabilitation hospitals
65 or other clinics, including weight control clinics; nursing homes; long-term care
66 facilities; homes for the aging or chr onically ill; laboratories; and offices of surgeons,
67 chir opractors, physical therapists, physicians, psychiatrists, dentists, and all specialists
68 within these pr ofessions. The term "health care facility" shall include all waiting roo ms,
69 hallways, private r ooms, semiprivate rooms, and wards within such office or institution;
70 (12) "Hookah", a water pipe and any associated prod ucts and devices that are
71 used to pr oduce fumes, smoke, or vapor fro m the burning of material including, but not
72 limited to, tobacco, shisha, or other plant matter;
73 (13) "Indoor area" , any enclosed area or portion ther eof. The opening of
74 windows or doors, or the temporary r emoval of wall panels, shall not convert an indoor
75 ar ea into an outdoor ar ea;
76 (14) "Local public health agency", a county health center board established
77 under chapter 205, a county health department, a combined city and county health
78 department or agency , a multicounty health department or agency , or any other county
79 health authority;
80 (15) "Marijuana", the same meaning given to the term in Article XIV of the
81 Constitution of Missouri;
82 (16) "Place of employment", any indoor ar ea or portion ther eof under the
83 contr ol of an employer in which employees of the employer perform services for , or on
84 behalf of, the employer;
85 (17) "Political subdivision", any county , city , town, or village;
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86 (18) "Private club", an organization, regard less of whether it is incorporated,
87 that:
88 (a) Is the owner , lessee, or occupant of a building, or portion ther eof, used
89 exclusively for club purposes at all times;
90 (b) Is operated solely for a recr eational, fraternal, social, patriotic, political,
91 benevolent, or athletic purpose, but not for pecuniary gain;
92 (c) Only sells alcoholic beverages incidental to its operation;
93 (d) Conducts its affairs and management thr ough a board of dir ectors, executive
94 committee, or similar body chosen by the members at an annual meeting;
95 (e) Has established bylaws or a constitution to govern its activities; and
96 (f) Has been granted an exemption fro m the payment of federal income tax as a
97 club under 26 U.S.C. Section 501;
98 (19) "Public building", any building owned or operated by:
99 (a) The state, including the legislative, executive, and judicial branches of state
100 government;
101 (b) Any political subdivision or instrumentality ther eof or any special district or
102 local authority , commission, or agency of the state; or
103 (c) Any other separate corporate instrumentality or unit of state or local
104 government;
105 (20) "Public meeting", the same meaning given to the term in section 610.010;
106 (21) "Secondhand smoke", the complex mixtur e formed fro m the escaping
107 smoke of a burning tobacco pr oduct, marijuana pro duct, or other plant pr oduct
108 intended for inhalation, also known as "sidestr eam smoke", and smoke exhaled by the
109 smoker;
110 (22) "Smoke-free work area" , a work ar ea wher e smoking is proh ibited under
111 sections 191.2710 to 191.2750;
112 (23) "Smoking", inhaling, exhaling, burning, or carrying any lighted or heated
113 cigar , cigare tte, or pipe or any other lighted or heated tobacco or plant pr oduct intended
114 for inhalation, including marijuana, whether natural or synthetic, in any manner or in
115 any form. The term "smoking" also includes the use of an ESD;
116 (24) "T obacco", cigar ettes, cigars, cheroots , stogies, and periques; granulated,
117 plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour;
118 cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, r efuse
119 scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
120 tobacco, pr epared in such manner as to be suitable for chewing or for smoking in a
121 cigar ette, pipe, or otherwise, or for both chewing and smoking. The term "tobacco"
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122 also includes cloves and any other plant matter or prod uct that is packaged for smoking
123 except for marijuana;
124 (25) "T obacco business", a sole pr oprietorship, corporation, partnership, or
125 other enterprise that is:
126 (a) Located in a fr eestanding structure occupied solely by the business such that
127 the business does not share any wall with an indoor ar ea in which smoking is pr ohibited
128 under sections 191.2710 to 191.2750; and
129 (b) Engaged primarily in the sale, manufactur e, or promot ion of tobacco,
130 tobacco pro ducts, or smoking devices or accessories, including ESDs, either at wholesale
131 or r etail, and in which the sale, manufactur e, or pro motion of other pr oducts is mer ely
132 incidental;
133 (26) "W ork ar ea", an ar ea in a place of employment wher e one or mor e
134 employees ar e routinel y assigned and perform services for or on behalf of their
135 employer .
191.2720. 1. Except as pr ovided in section 191.2725, smoking is not permitted
2 and a person shall not smoke in any indoor ar ea including, but not limited to:
3 (1) Public meeting places;
4 (2) Elevators;
5 (3) Government-owned or -operated means of mass transportation including,
6 but not limited to, buses, vans, and trains;
7 (4) Public transportation facilities including, but not limited to, bus, train, and
8 airport facilities;
9 (5) T axicabs and limousines;
10 (6) Grocer y stor es;
11 (7) Gymnasiums;
12 (8) Jury waiting and deliberation rooms ;
13 (9) Courtrooms ;
14 (10) Child day car e facilities;
15 (1 1) Health care facilities;
16 (12) Any place of employment that is not exempted re gardless of the number of
17 employees or whether it is open to the public. In the case of employers who own
18 facilities otherwise exempted fro m sections 191.2710 to 191.2750, each such employer
19 shall provi de a smoke-fr ee work ar ea for each employee req uesting not to have to
20 br eathe secondhand smoke and emissions fr om electr onic smoking devices;
21 (13) Food service establishments;
22 (14) Bars, including cigar -tobacco bars that do not qualify as exempt cigar -
23 tobacco bars;
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24 (15) Gaming facilities and any other facilities in which any gaming or gambling
25 activity is conducted;
26 (16) Indoor sports arenas;
27 (17) Restro oms, lobbies, hallways, and other common area s in public and private
28 buildings, condominiums, and other multiple-unit r esidential facilities;
29 (18) Bowling alleys;
30 (19) Billiard or pool halls;
31 (20) Retir ement facilities, publicly owned housing facilities, nursing homes, and
32 any facilities licensed under chapter 198;
33 (21) Public buildings;
34 (22) Auditoriums;
35 (23) Theaters;
36 (24) Museums;
37 (25) Libraries;
38 (26) Public and nonpublic schools;
39 (27) Other educational and vocational institutions;
40 (28) Airports;
41 (29) Hotel and motel rooms ;
42 (30) Private clubs; and
43 (31) The entryways of all buildings and facilities listed in this subsection.
44 2. A cigar -tobacco bar shall not operate unless it holds a permit issued by the
45 department of health and senior services authorizing its operations. Permits shall be
46 valid for a period of one year fr om the date of issuance and may be ren ewed annually .
47 Befor e any issuance or r enewal of a permit under this subsection, the department of
48 health and senior services shall evaluate the annual gross reven ue of the cigar -tobacco
49 bar to determine whether the cigar -tobacco bar qualifies as an exempt cigar -tobacco
50 bar . The permit shall specify whether the cigar -tobacco bar is an exempt cigar -tobacco
51 bar .
52 3. An exempt cigar -tobacco bar:
53 (1) Shall not expand its size or change its location fr om the size and location in
54 which it existed as of August 28, 2026;
55 (2) Shall not permit the smoking of any tobacco prod ucts other than cigars on its
56 pr emises; and
57 (3) Shall pro hibit entry by any person under twenty-one years of age and shall
58 display signage in at least one conspicuous place and at least four inches by six inches in
59 size stating: "Smoking allowed. Persons under twenty-one years of age may not enter .".
60 4. A r etail tobacco business:
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61 (1) Shall pr ohibit entry by any person under twenty-one years of age; and
62 (2) Shall display signage in at least one conspicuous place and at least four inches
63 by six inches in size stating either:
64 (a) "Smoking allowed. Persons under twenty-one years of age may not enter .";
65 or
66 (b) In the case of a ret ail tobacco business that desir es to allow the use of ESDs
67 but not other forms of smoking on the pr emises, "V aping allowed. Persons under
68 twenty-one years of age may not enter .".
191.2725. Sections 191.2710 to 191.2750 shall not apply to:
2 (1) Private homes, private res idences, and private automobiles, except that
3 sections 191.2710 to 191.2750 shall apply if any such home, res idence, or vehicle is being
4 used for child care or day care or if a private vehicle is being used for the public
5 transportation of children or as part of health care or day car e transportation;
6 (2) Any ret ail tobacco business, except that the req uir ements in subsection 4 of
7 section 191.2720 apply to a ret ail tobacco business;
8 (3) An exempt cigar -tobacco bar , except that the req uirements in subsections 2
9 and 3 of section 191.2720 apply to an exempt cigar -tobacco bar;
10 (4) The outdoor area of any business as long as such ar ea does not encompass
11 any entryway; or
12 (5) A private, nonr esidential building on land used for farming, as defined in
13 section 350.010, that has annual gross income of less than five hundred thousand dollars.
191.2730. The owner or manager of any place otherwise exempted under section
2 191.2725 may post signs pr ohibiting smoking. Such posting shall have the effect of
3 including such place in the places wher e smoking is pr ohibited or res tricted under
4 sections 191.2710 to 191.2750.
191.2735. 1. Sections 191.2710 to 191.2750 shall not be interpr eted or construed
2 to permit smoking where it is otherwise res tricted by any other applicable law .
3 2. A political subdivision may enact, adopt, and enfor ce smoking r egulations that
4 cover the same subject matter as the various pro visions of sections 191.2710 to 191.2750,
5 except that, unless otherwise authorized under subdivision (2) or (3) of subsection 3 of
6 this section, a political subdivision shall not adopt a local regul ation of smoking that is
7 less stringent than the provi sions of sections 191.2710 to 191.2750.
8 3. (1) A political subdivision is specifically authorized to specify a radius of mor e
9 than twenty-five feet for the area included within an entryway .
10 (2) A local r egulation that was adopted by a political subdivision before January
11 1, 2026, and that specifies a radius of less than twenty-five feet for the ar ea included
12 within an entryway r emains valid and shall be given effect on and after August 28, 2026.
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13 (3) If a person owns or leases business premis es that wer e under construction or
14 r enovation on August 28, 2026, complied with a local r egulation of smoking that
15 specified a radius of less than twenty-five feet for the area included within an entryway ,
16 and, as of August 28, 2026, has applied for or r eceived fro m the political subdivision in
17 which the premis es ar e located a certificate of occupancy for the structure to be used for
18 the business pr emises, the person is deemed in compliance with all local reg ulations
19 specifying the radius of the ar ea included within an entryway .
20 4. The municipal courts or their equivalent in any city , town, or village have
21 jurisdiction over violations of smoking regu lations enacted by any city , town, or village
22 under this section.
191.2740. 1. It shall be unlawful for a person who owns, manages, operates, or
2 otherwise controls the use of a pr emises subject to any r equir ement under sections
3 191.2710 to 191.2750 to violate any pr ovision of sections 191.2710 to 191.2750.
4 2. It shall be unlawful for a person to smoke in an ar ea wher e smoking is
5 pr ohibited under sections 191.2710 to 191.2750.
191.2745. 1. The department of health and senior services and local public
2 health agencies shall enforce the provi sions of sections 191.2710 to 191.2750. The
3 department of health and senior services or the appr opriate local public health agency
4 may initiate any enforcem ent action authorized under this section.
5 2. Every applicant seeking to r egister its business with the secr etary of state shall
6 r eceive notice of the pro visions of sections 191.2710 to 191.2750.
7 3. Any res ident of this state may submit a complaint to the department of health
8 and senior services seeking an enforce ment action for a violation of sections 191.2710 to
9 191.2750.
10 4. The department of health and senior services shall conduct an inspection of
11 any premis es subject to any req uirement under sections 191.2710 to 191.2750 to
12 determine compliance with the prov isions of sections 191.2710 to 191.2750 any time the
13 department is conducting an inspection of the pr emises for compliance with the
14 pr ovisions of laws other than sections 191.2710 to 191.2750.
15 5. An owner , manager , operator , or employee of any pr emises subject to any
16 r equir ement under sections 191.2710 to 191.2750 shall dir ect a person who is smoking in
17 violation of sections 191.2710 to 191.2750 to extinguish or turn off the prod uct being
18 smoked. If the person does not stop smoking, the owner , manager , operator , or
19 employee shall ref use service and shall immediately ask the person to leave the pr emises.
20 If the person in violation ref uses to leave the premis es, the owner , manager , operator , or
21 employee shall contact the department of health and senior services.
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22 6. Any person who owns, manages, operates, or otherwise controls the use of a
23 pr emises subject to any requ irem ent under sections 191.2710 to 191.2750 who violates
24 any pr ovision of sections 191.2710 to 191.2750 shall be subject to the following penalties:
25 (1) For the first violation, a warning and an order to comply with sections
26 191.2710 to 191.2750 within thirty days;
27 (2) For the second violation, or failur e to rem edy the first violation, within thirty
28 days of the order under subdivision (1) of this subsection, a fine of one thousand dollars
29 and an order requ iring compliance within thirty days;
30 (3) For the third violation, or failur e to rem edy any previ ous violation, within
31 thirty days of the order under subdivision (2) of this subsection, a fine of two thousand
32 dollars and an order requ iring compliance within thirty days; and
33 (4) For the fourth violation, or failure to rem edy any previ ous violation, within
34 thirty days of the order under subdivision (3) of this subsection, an order closing the
35 pr emises and all operations on the pr emises until the person pays all outstanding fines
36 and demonstrates full compliance with sections 191.2710 to 191.2750.
37 7. In addition to the r emedies prov ided by the pro visions of this section, the
38 department of health and senior services, the local public health agency , or any affected
39 party may institute an action in any court with competent jurisdiction to enjoin
40 r epeated violations of any of the pr ovisions of sections 191.2710 to 191.2750.
191.2750. The department of health and senior services shall pro mulgate all
2 necessary rules and regu lations to implement the prov isions of sections 191.2710 to
3 191.2750. Any rule or portion of a rule, as that term is defined in section 536.010, that is
4 cr eated under the authority delegated in this section shall become effective only if it
5 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
6 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
7 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
8 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
9 then the grant of rulemaking authority and any rule pro posed or adopted after August
10 28, 2026, shall be invalid and void.
[ 191.765. As used in sections 191.765 to 191.773 and section 290.145,
2 the following terms mean:
3 (1) "Bar" or "tavern", any licensed establishment which serves liquor
4 on the premises for which not more than ten percent of the gross sales receipts
5 of the business are supplied by food purchases, either for consumption on the
6 premises or elsewhere;
7 (2) "Other person in char ge", the agent of the proprietor authorized to
8 give administrative directions to and general supervision of the activities
9 within the public place, work place or public meeting at any given time;
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10 (3) "Proprietor", the party who ultimately controls, governs or directs
11 the activities within the public place, work place or public meeting, regardless
12 of whether he is the owner or lessor of such place or site. The term does not
13 mean the owner of the property unless he ultimately controls, governs or
14 directs the activities within the public place or public meeting. The term
15 "proprietor" shall apply to a corporation as well as an individual;
16 (4) "Public meeting", a gathering in person of members of a
17 governmental body , whether an open or closed session, as defined in chapter
18 610;
19 (5) "Public place", any enclosed indoor area used by the general public
20 or serving as a place of work including, but not limited to:
21 (a) Any retail or commercial establishments;
22 (b) Health care facilities, health clinics or ambulatory care facilities
23 including, but not limited to, laboratories associated with health care
24 treatment, hospitals, nursing homes, physicians' of fices and dentists' of fices;
25 (c) Any vehicle used for public transportation including, but not
26 limited to, buses, taxicabs and limousines for hire;
27 (d) Rest rooms;
28 (e) Elevators;
29 (f) Libraries, educational facilities, day care facilities, museums,
30 auditoriums and art galleries;
31 (g) All public areas and waiting rooms of public transportation
32 facilities including, but not limited to, bus and airport facilities;
33 (h) Any enclosed indoor place used for entertainment or recreation
34 including, but not limited to, gymnasiums, theater lobbies, concert halls,
35 arenas and swimming pools;
36 (i) Any other enclosed indoor areas used by the general public
37 including, but not limited to, corridors and shopping malls;
38 (6) "Restaurant", any building, structure or area used, maintained or
39 advertised as or held out to the public to be an enclosure where meals for
40 consideration of payment are made available to be consumed on the premises;
41 (7) "Smoking", possession of burning tobacco in the form of a
42 cigarette, cigar , pipe or other smoking equipment. ]
[ 191.767. 1. A person shall not smoke in a public place or in a public
2 meeting except in a designated smoking area.
3 2. A smoking area may be designated by persons having custody or
4 control of public places, except in places in which smoking is prohibited by the
5 fire marshal or by other law , ordinance or regulation.
6 3. No public place shall have more than thirty percent of its entire
7 space designated as a smoking area.
8 4. A designated smoking area where state employees may smoke
9 during the work day shall be provided by each state executive department and
10 institution of higher education, provided such area can be adequately
11 ventilated at minimum cost, within the physical confines of each facility .
12 5. A proprietor or other person in char ge of a restaurant shall designate
13 an area of suff icient size to accommodate usual and customary demand for
14 nonsmoking areas by customers or patrons. ]
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[ 191.769. The following areas are not considered a public place:
2 (1) An entire room or hall which is used for private social functions,
3 provided that the seating arrangements are under the control of the sponsor of
4 the function and not of the proprietor or other person in char ge;
5 (2) Limousines for hire and taxicabs, where the driver and all
6 passengers agree to smoking in such vehicle;
7 (3) Performers on the stage, provided that the smoking is part of the
8 production;
9 (4) A place where more than fifty percent of the volume of trade or
10 business carried on is that of the blending of tobaccos or sale of tobaccos,
11 cigarettes, pipes, cigars or smoking sundries;
12 (5) Bars, taverns, restaurants that seat less than fifty people, bowling
13 alleys and billiard parlors, which conspicuously post signs stating that
14 "Nonsmoking Areas are Unavailable";
15 (6) Private residences; and
16 (7) Any enclosed indoor arena, stadium or other facility which may be
17 used for sporting events and which has a seating capacity of more than fifteen
18 thousand persons. ]
[ 191.771. The person having custody or control of a public place or
2 public meeting shall:
3 (1) Make reasonable ef forts to prevent smoking in the public place or
4 public meeting by posting appropriate signs indicating no-smoking or smoking
5 area and arrange seating accordingly . These signs shall be placed at a height
6 and location easily seen by a person entering the public place or public
7 meeting and not obscured in any way;
8 (2) Arrange seating and utilize available ventilation systems and
9 physical barriers to isolate designated smoking areas;
10 (3) Make a reasonable request of persons smoking to move to a
11 designated smoking area;
12 (4) Allow smoking in designated areas of theater lobbies only . ]
[ 191.773. The following persons shall be guilty of an infraction:
2 (1) A person who smokes in those areas where smoking is prohibited
3 pursuant to the provisions of sections 191.765 to 191.773 and section 290.145;
4 (2) A proprietor or other person in char ge of a public place or public
5 meeting who permits, causes, suff ers or allows a person to smoke in those
6 areas where smoking is prohibited pursuant to sections 191.765 to 191.773 and
7 section 290.145. ]
[ 191.775. No person shall smoke or otherwise use tobacco, tobacco
2 products, or vapor products, as such term is defined in section 407.925, in any
3 indoor area of a public elementary or secondary school building or educational
4 facility , excluding institutions of higher education, or on buses used solely to
5 transport students to or from school or to transport students to or from any
6 place for educational purposes. Any school board of any school district may
7 set policy on the permissible uses of tobacco products or vapor products in any
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8 other nonclassroom or nonstudent occupant facility , and on the school grounds
9 or outdoor facility areas as the school board deems proper . ]
[ 191.776. No person shall smoke or otherwise use tobacco products in
2 any area of a child care facility licensed by the department of health and senior
3 services pursuant to the provisions of sections 210.201 to 210.245 during the
4 period of time when the children cared for under that license are present. Any
5 person who violates the provisions of this section shall be guilty of an
6 infraction. ]
[ 191.777. Nothing in sections 191.775 and 191.776 shall prohibit local
2 political subdivisions or local boards of education from enacting more
3 stringent ordinances or rules. ]
✔
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