Salina Relaxes Local Smoking Rules to Match Kansas Law

The Salina City Commission approved changes to the city’s smoking ordinance Monday, bringing Salina’s regulations into alignment with the Kansas Indoor Clean Air Act.

Ordinance No. 26-11291 was approved on a 4-1 roll-call vote.

Mayor Michael Hoppock and Commissioners Jerry Ivey, Greg Lenkiewicz and Doug Rempp voted in favor of the ordinance. Commissioner Trent Davis voted against it.

The ordinance amends Sections 17-28 and 17-31 of the Salina City Code.

City Manager Jacob Wood emphasized that the change does not restore smoking sections in restaurants or remove the city’s general prohibition against smoking in enclosed public places and workplaces.

Wood said the ordinance only adds limited exemptions already allowed under Kansas law.

Salina Previously Had Stricter Rules Than the State

Salina adopted its indoor smoking ban in 2009, approximately one year before Kansas enacted its statewide Indoor Clean Air Act.

Because Salina approved its ordinance before the state law was adopted, the city’s regulations did not include several exemptions later approved by the Kansas Legislature.

As a result, Salina’s smoking regulations remained more restrictive than the rules applied in much of the state.

Wood said cities are legally permitted to enforce smoking regulations that are stricter than state law. The commission was not required to change the ordinance but could choose to keep the city’s existing restrictions.

Wood recommended approval, saying it generally makes sense for the city’s regulations to conform with state law when the statewide law is working as intended.

Limited Exemptions Added

One of the primary exemptions involves cigar lounges and specialty tobacco stores.

Under the state standard discussed during the meeting, a business must receive at least 65% of its revenue from the sale of tobacco products or tobacco-related accessories to qualify for the exemption.

Wood said the reasoning behind the exemption is that customers knowingly enter those businesses to purchase or use tobacco products.

Other limited exemptions under state law include certain private clubs, casinos and other specifically defined locations.

The ordinance does not broadly allow indoor smoking in conventional restaurants, retail stores or workplaces.

Commissioners also discussed how the exemptions apply to employees working at qualifying businesses. Wood said the state law creates an exception to the general requirement that workplaces remain smoke-free.

Employees who choose to work at a qualifying cigar lounge, tobacco business, private club or similar establishment could therefore be exposed to indoor smoking.

Outdoor Restaurant Areas Remain Unchanged

Commissioners asked whether smoking is allowed in outdoor restaurant seating areas.

Wood said businesses may currently allow smoking in outdoor areas, provided the area does not meet the legal definition of an enclosed space.

The approved ordinance does not change that policy.

Restaurants may continue deciding whether smoking is permitted on their outdoor patios or seating areas.

Smoking Still Prohibited in City Parks

Commissioners also asked whether smoking could be allowed at Campbell Plaza in downtown Salina.

Wood said smoking is prohibited in city parks and that Campbell Plaza is generally treated as a city park. He said he was not aware of a separate regulation that would allow smoking at the plaza.

The ordinance does not remove or change the city’s smoking restrictions in parks.

Public Comment Recognizes Earlier Smoking Ban

During public comment, Salina resident Ben Winklehan credited Davis and others involved in creating the city’s original indoor smoking ordinance.

Winklehan said Salina was ahead of the state when it prohibited smoking in restaurants and other public buildings.

Davis said he was part of a larger group that worked on the original policy.

The motion initially referenced Ordinance No. 26-11287. City staff corrected the number during the meeting and clarified that the measure under consideration was Ordinance No. 26-11291.

The ordinance was then approved 4-1, with Davis casting the lone opposing vote.