Under the Missouri Clean Indoor Air Act, a person shall not smoke in a public place or in a public meeting except in a designated smoking area. A smoking area may be designated by persons having custody or control of public places, except where prohibited by the fire marshal or other law, ordinance, or regulation.
Per RSMo § 191.769, the following facilities are excluded from the definition of a “public place”, and are therefore exempt from smoking restrictions, provided they conspicuously post signs stating, “Nonsmoking Areas are Unavailable.”
- Private social functions in rooms or halls where the sponsor controls seating.
- Limousines and taxicabs, if the driver and all passengers agree.
- Stage performers, if smoking is part of the production.
- Tobacco shops or businesses where tobacco sales make up over 50% of trade volume.
- Bowling alleys, billiard parlors, and bars, taverns, or restaurants seating fewer than 50 people (provided they conspicuously post signs stating “Nonsmoking Areas are Unavailable.”
- Private residences.
- Large indoor sports arenas or stadiums with a seating capacity over 15,000.
Posting Requirement
Food, beverage, and entertainment establishments seating fewer than 50 people must display a sign reading “Nonsmoking Areas are Unavailable” in a conspicuous location to qualify for an exemption under RSMo § 191.769.
