Municipal : City Ordinance – Smoking Prohibition – Exemption

Where a small city bar argued that it was exempt from a city ordinance banning smoking as a “casino gaming area,” the judgment denying the exemption is affirmed because the establishment did not meet the definition of a “state-licensed gambling facility” by holding a Club Keno license issued by the state’s lottery commission, and even if the exemption were found to be unconstitutional, it could be severed and the remainder of the ordinance would continue in effect.

Judgment is affirmed.

The Trophy Room v. City of St. Louis (MLW No. 71046/Case No. ED104714 – 18 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis City, David L. Dowd, J. (John Steward and Elkin Kistner for appellant) (Brent Dulle and Mark Lawson for respondent).

Read the full text of this opinion. (PDF)