City Passes Smoking Ban

“Breath Of Fresh Air” Expected To Boost

July 14, 2009

The Clayton Board of Aldermen voted to enact a citywide smoking ban in public places. The city hopes that by adopting the ordinance, other municipalities and the state will be encouraged to address this critical public health issue.

“Clayton has now taken a significant step to protect the health of our residents, the visitors who patronize our businesses and the employees who work in our community,” said Mayor Linda Goldstein. “Despite fears of economic fallout from the smoking ban, we believe this will actually help boost business in the long run.”

Although the new ordinance will not take effect until July 1, 2010, the city encourages businesses to initiate prohibition of smoking prior to that date. The delayed enforcement date was added to the ordinance to meet some businesses’ concern that the ban would deepen a sales slump during the recession.

Goldstein noted that 77 percent of citizen survey respondents favored a smoking ban as did 85 percent of local businesses who were surveyed. Clayton now joins the cities of Ballwin and Arnold in approving a smoking prohibition. The city of Kirkwood may vote on a smoking ban before the end of the year.

“A few business owners have suggested that we wait until the ban on smoking in public places is adopted countywide or statewide in order to establish a level playing field among the businesses throughout St. Louis County,” Goldstein said. “Apparently, the regional and state officials are not interested in passing an ordinance at this time. I’m hoping that Kirkwood, Wildwood and the city of St. Louis will join Clayton in leading this effort.”

“Of course we would prefer the county and state to go smoke-free,” she said. “However, our residents are adamant about public health issues. It is exciting to know that our colleagues (more) from other cities are also exploring the possibility of moving forward on their own,” said Mayor Goldstein.

Goldstein said she supports efforts by St. Louis Alderman Lyda Krewson and others to enact a smoking ban in the nearby city of St. Louis. Under the new Clayton ordinance, smoking will be prohibited in all enclosed places with the following exceptions:

• Private residences
• Private clubs of non-profit organizations that do not allow the general public and do not
  allow “membership” upon payment of a nominal fee
• Private or semi-private rooms in nursing homes and long-term care facilities
• Retail establishments where more than 70 percent of sales includes tobacco and tobacco related
  products
• No more than 20 percent of Clayton hotel rooms
• Outdoor public dining areas
• Cigar bars in operation prior to the enactment of the ordinance.

Violation of the smoking ban is punishable by a fine of not more than $1,000 or incarceration of 90 days or less.

Goldstein said the city plans to create a committee of local businesses, primarily restaurant owners, and city representatives to outline and implement a regional marketing strategy to promote Clayton establishments as a “clean air” alternative to public places that allow smoking.  Clayton’s smoke-free status will be particularly attractive to families with children, patrons with sensitivity to smoking and the majority of more health conscious citizens.

“It is important that Clayton residents and businesses who favor a smoking ban consistently patronize Clayton restaurants,” the mayor said. “We are invested in the success of each other.”

Sales taxes collected by Clayton restaurants provide a significant portion of city revenue. Mayor Goldstein said the city intends to be an active participant in assisting local restaurants in marketing their establishments to area residents, who do not smoke or who follow the nationwide trend to smoke outdoors.