21-6109. Kansas Indoor Air Quality Act; smoking in enclosed spaces or public gatherings; Definitions. As used in K.S.A. 2012 Supp. 21-6109 to 21-6116 and its amendments: (p) “tobacconist” means any interior space used primarily for the retail sale of tobacco, tobacco products or smoking appliances or accessories and generating at least 65% of its gross revenues from the sale of tobacco; (q) “Significant contributions or membership fee requirements” means start-up costs, contributions or fees proportional to the cost of membership in similarly located outdoor recreational facilities that are not considered nominal and that are implemented to circumvent or circumvent the restrictions of a nationwide smoking ban. History: L. 1987, chap. 110, § 1; L. 2010, chap. 8, § 2; July 1. (f) `catering establishment` means any place where food is served or prepared for sale or service on the premises.
This term includes, but is not limited to, fixed or mobile restaurants, cafes, cafeterias, short-order cafes, lunch tables, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissioners and any other private organization or institution, public or not-for-profit that regularly serves food, and any other food or beverage establishment or establishment where food is served to the public with or free of charge, or may be provided. 3. CDC, Behavioral Risk Factor Surveillance System, State Tobacco Monitoring and Evaluation System, 2021. 4. Campaign for Tobacco-Free Children, Broken Promises to Our Children: A Look at the State`s 1998 Tobacco Control Regime, 22 Years Later Fiscal Year 2021, 2020. (c) `worker` means any person employed by an employer in return for wages or direct or indirect profits, as well as any person who voluntarily provides his services to a non-profit-making organisation; (a) “Access Point” means the area within ten feet of the exterior of a door, open window or air intake leading to a building or installation not exempt under subsection (d) of K.S.A. 2012 Supp. 21-6110 and its amendments.
5. Campaign for tobacco-free children, U.S. tobacco record. (i) `outdoor recreation` means a hunting, fishing, shooting or golf club, business or enterprise which primarily benefits its owners, members and their guests and which is not normally open to the public. (l) `public building` means any building owned or operated by the State, including any branch, department, agency, office, commission, public authority or other body; (2) any county, city, municipality or other political subdivision, including its commission, authority, body or body; or (3) any other separate entity or state or municipal entity. (d) “employer” means any person, partnership, partnership, partnership, association or organization, including municipal or not-for-profit organizations, that employs one or more persons; h) “Medical Care Facility” means a medical office, general hospital, specialty hospital, ambulatory surgery center or recreation center as defined in K.S.A. 65-425 and its amendments, and any psychiatric hospital approved under K.S.A. 75-3307b and its amendments. Fiore MC, et al. Treatment of tobacco use and dependence: 2008 update. Guidelines for clinical practice.
Rockville, MD: U.S. Department of Health and Human Services. Public Health Unit: May 2008. (o) “smoking” means the possession of a cigarette, cigar, pipe or burning tobacco in any other form or device intended for the consumption of tobacco. (k) “private club” means an outdoor recreation facility that is operated primarily for the use of its owners, members and their guests and that, in the normal course of its business, is not open to the general public and for which the use of its facilities requires significant contributions or membership fees for its members; 9. Public Health Law Centre. U.S. E-Cigarette Regulation: 50-State Review. www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review.
Accessed. 6. American Lung Association, State Legislated Actions on Tobacco Issues (SLATI). (n) `public place` means any enclosed space accessible to the public or used by the general public, including, but not limited to: banks, bars, catering establishments, retail establishments, retail stores, public public transport, passenger lifts, health facilities or any other place where health care services are provided to the public, medical care facilities; Educational institutions, libraries, courtrooms, public buildings, washrooms, grocery stores, school buses, museums, theatres, amphitheatres, arenas and recreational facilities. For the purposes of this section, a private dwelling is not considered a “public place” unless it is used as a day care centre within the meaning of S.S.A. 65-530 and its amendments. 8. Campaign for tobacco-free children. State excise rates and classifications for cigarettes. www.tobaccofreekids.org/assets/factsheets/0097.pdf.
Accessed. (m) “Open session” means any public meeting held in accordance with the provisions of K.S.A. 75-4317 et seq. and its amendments or any other law of that State. (e) `enclosed space` means the entire space between the floor and the ceiling, surrounded on all sides by solid walls, windows or doors extending from floor to ceiling, including all spaces therein which are protected by partitions which do not reach the ceiling or which are not fixed or similar structures. For the purposes of this section, the following areas are not considered “confined spaces”: (1) rooms or areas surrounded by walls, windows or doors, having no ceiling or roof, and completely open to the elements and the weather at all times; and (2) rooms or areas surrounded by walls, fences, windows or doors and a roof or ceiling, the openings of which are permanently open to elements and the weather and which cover an area of at least 30% of the total perimeter of that room or area.
