general questions and answers about smoking in overland park
From your hotel room to your neighborhood automotive service shop, indoor smoking is prohibited in Overland Park. Get your questions answered here:
- Is smoking allowed in restaurants?
- What are some other examples of places where smoking is prohibited?
- Does this ordinance apply to bars and/or private clubs?
- Is smoking allowed in the workplace?
- What about smoking at entrances and doors?
- Do I need to post a sign at the front of my business?
- What if my customers choose to smoke?
- Are there indoor places where smoking is allowed?
- What are the penalties if I violate this ordinance?
- Who do I contact if I have a complaint against an establishment?
Is smoking allowed in restaurants?
Smoking is prohibited in all indoor areas of restaurants and other food service establishments in Overland Park. Smoking is permitted on outdoor patios provided the establishment makes a reasonable effort to minimize the chance of smoke affecting the inside occupants of the establishment.
What are some other examples of places where smoking is prohibited?
Smoking is prohibited in all enclosed areas of public places and work places within the city, which includes:
- Elevators
- Health care facilities
- Bingo halls
- Bowling alleys/centers
- Shopping malls
- Meeting places
- Retail establishments
- Showrooms
- Restrooms
- Nursing homes
- Pool halls
- Arenas
- Convention facilities
- City facilities
- Daycare facilities
- Motel rooms
- Automotive service shops
- Warehouses
Does this ordinance apply to bars and/or private clubs?
The Overland Park smoking ordinance does not exempt bars, private clubs or fraternal organizations. Smoking is prohibited in all indoor areas of these establishments.
Is smoking allowed in the workplace?
Smoking is prohibited in all enclosed places of employment within Overland Park. This prohibition includes all areas surrounded by walls and a ceiling or roof which are capable of being enclosed by doors or windows, such as automotive service areas and warehouses.
What about smoking at entrances and doors?
Smoking is prohibited within 10 feet of any public entrance to a public place although this does not apply to any portion of the public right-of-way, such as a city sidewalk or street, or to an outdoor patio of a restaurant or drinking establishment where smoking may be allowed.
Do I need to post a sign at the front of my business?
No. This revised ordinance (effective Jan. 2, 2008) has eliminated the requirement that signage about smoking be placed at entrances to restaurants and office buildings. The city does, however, have free signs available upon request.
What if my customers choose to smoke?
The person having control of a place, business, office or other establishment where smoking is prohibited may not knowingly permit smoking in violation of this ordinance and shall take all necessary steps to prevent it. Necessary steps means to take all reasonable actions, such as:
- Removing ashtrays;
- Verbally asking the person who is smoking to extinguish his or her smoking materials;
- Refusing service to a person who is legally smoking;
- Verbally asking anyone illegally smoking to leave the premises;
- Applying standard business procedures in the same manner for violations of house rules or other local ordinances or state laws.
Are there indoor places where smoking is allowed?
This ordinance does not prohibit smoking in establishments whose primary business is the sale of tobacco products, although such establishments opened after the effective date of this ordinance (Jan. 2, 2008) are required to be free-standing.
What are the penalties if I violate this ordinance?
Individuals smoking in areas where smoking is prohibited by this ordinance may be fined up to $50.
Persons in control of a public place or place of employment who fail to comply with this ordinance may be fined up to:
- $100, first violation
- $200 second violation within one year
- $500 for each additional violation within one year
Each day on which a violation of this ordinance occurs is considered a separate and distinct violation.
Who do I contact if I have a complaint against an establishment?
Contact the Community Planning and Services Division at health@opkansas.org or 913/895-6270.