Smoke-Free Air Act of 2018

On Nov. 6, 2018, St. Charles County voters passed an amendment to the County Charter that places a countywide smoking ban, with exemptions, on all enclosed areas in incorporated and unincorporated St. Charles County.  The vote has been certified by the Election Authority and the regulation is now in effect.

The ban includes:

  • Enclosed places, including patios, food trucks, etc.
  • Places of employment.
  • Outdoor spaces within 15 feet from entrances, operable windows and ventilation systems.

Exemptions:

A complete list of exemptions is outlined in County Ordinance #18-070.

Please note: Local municipal ordinances may be stricter. Establishments in O’Fallon and Lake Saint Louis should review their city’s ordinances regarding smoking prohibitions.

Responsibilities of owners/operators/managers include:

Enforcement:

Owners, operators, managers or employees should first direct someone not compliant with this ordinance to extinguish the product being smoked. If the person still fails to comply, the next step is to refuse service and ask the person to leave the premises. If the person refuses to leave contact a law enforcement agency. Complaints or questions should be directed to the St. Charles County Department of Public Health.

The Department of Public Health, local fire department or their designees will inspect for compliance of this ordinance when the establishment is undergoing otherwise mandated inspections. Penalties related to violation of this act will be enforced beginning Jan. 28, 2019.

Penalties for infraction:

  • A person found guilty of smoking in an area where smoking in prohibited by this ordinance will receive a fine of $50.
  • Owners/operators/managers who fail to comply with this ordinance are subject to fines of $100 for the first offense, $200 for the second offense and $500 for each additional offense within a one-year time period.

Please note:  No person or employer can discharge, refuse to hire or in any way retaliate against an employee, applicant for employment, customer or resident of a multi-unit residential facility for reporting or attempting to prosecute an individual or place of business that does not comply with this ordinance. Retaliation is a misdemeanor and punishable by up to $1,000 for each violation.

To file a complaint concerning this new ordinance, please use our SUBMIT A COMPLAINT online application or contact the St. Charles County Division of Environmental Health and Protection at 636-949-1800 or environmental@sccmo.org.

  1. What is the Smoke-Free Air Act of 2018?
  2. How can I file a complaint about smoking in a public facility?
  3. As a business owner, what do I need to do to comply with the Smoke-Free Air Act of 2018?
  4. My business is not a restaurant. Does this ordinance affect me?
  5. Are there exemptions to the Smoke-Free Air Act of 2018?
  6. What is the outdoor 15-foot rule?
  7. When did the Smoke-Free Air Act of 2108 take effect?
  8. I live in a residential facility. Can I smoke there?
  9. Is smoking allowed in a gazebo or pavilion on my public property?
  10. Who will enforce the Smoke-Free Air Act of 2018?
  11. Are there penalties for a violation of the Smoke-Free Air Act of 2018?
  12. I'm receiving push-back from my employer for trying to abide by the smoking ordinance. What are my rights?
  13. Do the cities of O'Fallon and Lake Saint Louis already have smoking bans in place?
  14. What damage do smoking and secondhand smoke cause?
  15. I would like to quit smoking. Are there resources to help me?
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