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SECOND REGULAR SESSION
HOUSE BILL NO. 1903
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PLANK.
3997H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 191.765, 191.769, 191.775, 191.776, and 290.145, RSMo, and to enact in
lieu thereof five new sections relating to marijuana, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 191.765, 191.769, 191.775, 191.776, and 290.145, RSMo, are
2 repealed and five new sections enacted in lieu thereof, to be known as sections 191.765,
3 191.769, 191.775, 191.776, and 290.145, to read as follows:
191.765. As used in sections 191.765 to [ 191.773 ] 191.777 and section 290.145, the
2 following terms mean:
3 (1) "Bar" or "tavern", any licensed establishment which serves liquor on the premises
4 for which not more than ten percent of the gross sales receipts of the business are supplied by
5 food purchases, either for consumption on the premises or elsewhere;
6 (2) "Marijuana", the same meaning given to the term in Article XIV , Section 2 of
7 the Constitution of Missouri;
8 (3) "Other person in char ge", the agent of the proprietor authorized to give
9 administrative directions to and general supervision of the activities within the public place,
10 work place or public meeting at any given time;
11 [ (3) ] (4) "Proprietor", the party who ultimately controls, governs or directs the
12 activities within the public place, work place or public meeting, regardless of whether he or
13 she is the owner or lessor of such place or site. The term does not mean the owner of the
14 property unless he or she ultimately controls, governs or directs the activities within the
15 public place or public meeting. The term "proprietor" shall apply to a corporation as well as
16 an individual;
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.
17 [ (4) ] (5) "Public meeting", a gathering in person of members of a governmental body ,
18 whether an open or closed session, as defined in chapter 610;
19 [ (5) ] (6) "Public place", any enclosed indoor area used by the general public or
20 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 including, but not
23 limited to, laboratories associated with health care treatment, hospitals, nursing homes,
24 physicians' of fices and dentists' of fices;
25 (c) Any vehicle used for public transportation including, but not limited to, buses,
26 taxicabs and limousines for hire;
27 (d) Rest rooms;
28 (e) Elevators;
29 (f) Libraries, educational facilities, day care facilities, museums, auditoriums and art
30 galleries;
31 (g) All public areas and waiting rooms of public transportation facilities including,
32 but not limited to, bus and airport facilities;
33 (h) Any enclosed indoor place used for entertainment or recreation including, but not
34 limited to, gymnasiums, theater lobbies, concert halls, arenas and swimming pools;
35 (i) Any other enclosed indoor areas used by the general public including, but not
36 limited to, corridors and shopping malls;
37 [ (6) ] (7) "Restaurant", any building, structure or area used, maintained or advertised
38 as or held out to the public to be an enclosure where meals for consideration of payment are
39 made available to be consumed on the premises;
40 [ (7) ] (8) "Smoking", possession of burning tobacco or marijuana in the form of a
41 cigarette, cigar , pipe or other smoking equipment.
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, provided that the
3 seating arrangements are under the control of the sponsor of the function and not of the
4 proprietor or other person in char ge;
5 (2) Limousines for hire and taxicabs, where the driver and all passengers agree to
6 smoking in such vehicle;
7 (3) Performers on the stage, provided that the smoking is part of the production;
8 (4) A place where more than fifty percent of the volume of trade or business carried
9 on is that of the blending of tobaccos or marijuana or sale of tobaccos, marijuana,
10 cigarettes, pipes, cigars or smoking sundries;
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11 (5) Bars, taverns, restaurants that seat less than fifty people, bowling alleys and
12 billiard parlors, which conspicuously post signs stating that "Nonsmoking Areas are
13 Unavailable";
14 (6) Private residences; and
15 (7) Any enclosed indoor arena, stadium or other facility which may be used for
16 sporting events and which has a seating capacity of more than fifteen thousand persons.
191.775. No person shall smoke or otherwise use tobacco[ , ] or tobacco products,
2 marijuana or marijuana pr oducts, or vapor products, as such term is defined in section
3 407.925, in any indoor area of a public elementary or secondary school building or
4 educational 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 place for
6 educational purposes. Any school board of any school district may set policy on the
7 permissible uses of tobacco or marijuana products or vapor products in any other
8 nonclassroom or nonstudent occupant facility , and on the school grounds or outdoor facility
9 areas as the school board deems proper .
191.776. No person shall smoke or otherwise use tobacco or marijuana products in
2 any area of a child care facility licensed by the department of health and senior services
3 pursuant to the provisions of sections 210.201 to 210.245 during the period of time when the
4 children cared for under that license are present. Any person who violates the provisions of
5 this section shall be guilty of an infraction.
290.145. It shall be an improper employment practice for an employer to refuse to
2 hire, or to dischar ge, any individual, or to otherwise disadvantage any individual, with respect
3 to compensation, terms or conditions of employment because the individual uses lawful
4 alcohol , marijuana, or tobacco products of f the premises of the employer during hours such
5 individual is not working for the employer , unless such use interferes with the duties and
6 performance of the employee, the employee's coworkers, or the overall operation of the
7 employer's business; except that, nothing in this section shall prohibit an employer from
8 providing or contracting for health insurance benefits at a reduced premium rate or at a
9 reduced deductible level for employees who do not smoke or use tobacco or marijuana
10 products. Religious or ganizations and church-operated institutions, and not-for -profit
11 or ganizations whose principal business is health care promotion shall be exempt from the
12 provisions of this section. The provisions of this section shall not be deemed to create a cause
13 of action for injunctive relief, damages or other relief.
✔
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