User Login    
 + Register
PDQ Cleaning
News : St. Joseph Fails To Pass Smoking Ban
Posted by Randy on 2014/1/8 4:58:00 (426 reads) News by the same author

According to the St. Joe News Press, the St. Joseph City Council failed to pass an indoor smoking ban that was brought forward by a community initiative petition.

Click to see original Image in a new window

The decision was made by a final vote on Monday. Councilman Gary Roach entered the only “yes” vote to pass the proposal as it was presented by Smoke-Free St. Joseph.

Now, the City Council will hear an ordinance at its next meeting on Jan. 21 that will place the initiative on the April 8 ballot.

Of the three council members who spoke out on the topic, all wanted to ensure the choice went to the voters.

“I believe the citizens of St. Joseph want this to appear on a ballot so they can say whether they want it or not,” said councilwoman Joyce Starr.

In November, Smoke-Free St. Joseph submitted a petition that proposed to ban smoking in all indoor public places. The ordinance would exempt 10 percent of hotel rooms and private clubs when no employees are present.

In addition, the proposal would allow smoking on the St. Jo Frontier Casino gaming floor, but only until a casino in either Jackson, Platte or Clay counties goes smoke-free.

The last item was a point of contention at the City Council meeting on Monday. Affinity Gaming’s lawyer Jerry Riffel told the council he believes that clause in the proposal is illegal and unenforceable because it puts the interests of St. Joseph into the hands of another municipality. In addition, the clause is “too vague” and can be rescinded when any municipality in those counties bans smoking on a casino gaming floor — even if that community doesn’t have a casino.

“It’s poorly worded,” he said. “It’s attack-able under the United States Constitution.”
Once the City Council chose not to pass the ordinance as is, Mr. Riffel continued to advocate for a change in the petition’s wording. However, City Council members Jeff Penland and Byron Myers advised him that he needs to take up specific changes with the original petition committee.
According to the City Charter, Article XI, “Initiative and Referendum,” changes can only come if the committee withdrawals its original petition, makes edits and gathers another 2,190 signatures; the City Council cannot make changes to the ordinance.

Mr. Riffel said Affinity Gaming is willing to negotiate the language with the committee.
“There’s really not any room for us to do that,” said Dr. Jane Schwabe, co-chair of Smoke-Free St. Joseph, reiterating that they can’t change the language without drastic measures.

Dr. Schwabe questioned the timing of the casino’s public concerns, adding that the wording “may be vague, but it’s not illegal.” Plus, she said, the argument is a moot point because she strongly believes other Missouri communities will not ban smoking at their casinos.

“They certainly had enough time to bring up their concerns before now,” she said.

Several council members hinted that they could change the parameters of the ordinance if it’s passed by the voters on April 8. Lisa Robertson, city attorney, said there is no specific section in the City Charter that explicitly prohibits — or, for that matter, allows — them to do that.
Councilman P.J. Kovac said he would be willing to revisit the ordinance if the casino’s exemption was rescinded by another community.

Printer Friendly Page Send this Story to a Friend Create a PDF from the article


Other articles
2014/11/23 9:02:23 - Livingston County Sheriff Activity Report
2014/11/23 8:30:00 - Tanker-Truck Overturns South Of Gallatin
2014/11/23 8:24:42 - Jamesport Man Arrested After Chase With Livingston County Authorities
2014/11/23 8:09:11 - Livingston County Transports To The Missouri Department Of Corrections
2014/11/20 10:11:22 - Trenton Purchasing Committee Meets For First Time
2014/11/20 10:09:02 - Breakfast Fundraiser Planned At VFW Hall In Trenton
2014/11/20 10:06:10 - Grundy County Commission Accepts Snow Removal Bid
2014/11/20 10:04:01 - Livingston County Library Hosts Decorating Program
2014/11/20 10:01:54 - Grundy County Nursing Home District Meets
2014/11/20 9:58:51 - Chillicothe Fire Department Responds To Grass And Shed Fires
2014/11/20 4:56:43 - Teen Pedestrian Hit By Van In Jamesport
2014/11/20 4:25:40 - Youngest Defendant Pleads Guilty To 3 Murders That Happened 5 Years Ago
2014/11/20 4:21:46 - Man Missing For Over A Month Found In Branson
2014/11/20 4:18:56 - Combine Sharing Program Aims To Boost Farm Income
2014/11/20 4:16:00 - Police: Young Man Beaten And Run Over
2014/11/20 4:12:27 - Monthly Budget For Mom Who Left Kids In Hot Car: $4,172
2014/11/20 4:03:25 - Gilman City Man Dies In Crowder State Park Accident
2014/11/19 10:21:39 - Trenton Board Of Public Works Meets
2014/11/19 6:35:15 - Cameron Trucker Receives Minor Injuries In Highway 169 Accident
2014/11/19 6:30:00 - Chillicothe, Hamilton Residents Injured In Highway 36 Accident
2014/11/19 4:25:58 - Baby Given ZzzQuil By Mom Also Had Nicotine Poisoning
2014/11/19 4:23:14 - New Bullet Dubbed "Last Round You'll Ever Need" Hits Market
2014/11/19 4:18:52 - Monster Snow Storm Hits New York: More Than 4 Feet Of Snow Falls
2014/11/19 4:14:42 - Missouri Executes Leon Taylor For 1994 Killing
2014/11/19 4:10:59 - Additional Plans Announced For Festival Of Trees
2014/11/19 4:08:21 - Spickard Board Of Education Meets
2014/11/19 4:05:16 - Princeton Board Of Education Meeting Report
2014/11/19 4:01:47 - Pickup Overturns Injuring Two In Livingston County
2014/11/19 3:55:51 - Livingston County Sheriff Arrests Two On Burglary Charges
2014/11/18 10:00:00 - Mound City Man Dies In Bridge Collapse



Bookmark this article at these sites

                   

Listen to KTTN-FM