Text: SF00086 Text: SF00088 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142B.1, subsections 1 and 3, Code 2003, 1 2 are amended to read as follows: 1 3 1. "Bar" means an establishment or portion of an 1 4 establishment where one can purchase and consume alcoholic 1 5 beverages as defined in section 123.3, subsection 4, but1 6excluding any establishment or portion of the establishment1 7having table and seating facilities for serving of meals to1 8more than fifty people at one time and where, in consideration1 9of payment, meals are served at tables to the public. 1 10 3. "Public place" means any enclosed indoor area used by 1 11 the general public or serving as a place of workcontaining1 12two hundred fifty or more square feet of floor space, 1 13 including, but not limited to, all restaurantswith a seating1 14capacity greater than fifty, all retail stores, lobbies and 1 15 malls, offices, including waiting rooms, and other commercial 1 16 establishments; outdoor bar or restaurant areas; public 1 17 restrooms; public conveyances with departures, travel, and 1 18 destination entirely within this state; educational 1 19 facilities; child care facilities and child care homes; 1 20 playgrounds; hospitals, clinics, nursing homes, and other 1 21 health care and medical facilities; and auditoriums, 1 22 elevators, theaters, libraries, art museums, concert halls, 1 23indoorarenas, and meeting rooms whether located indoors or 1 24 outdoors and including all corridors, hallways, and lobbies 1 25 adjacent to these areas. "Public place" does not include a 1 26 retail store at which fifty percent or more of the sales 1 27 result from the sale of tobacco or tobacco products,the1 28portion of a retail store where tobacco or tobacco products1 29are sold, a private, enclosed office occupied exclusively by1 30smokers even though the office may be visited by nonsmokers,a 1 31 room used primarily as the residence of students or other 1 32 persons at an educational facility, a sleeping room in a motel 1 33 or hotel, or each resident's room in a health care facility. 1 34 The person in custody or control of the facility shall provide 1 35 a sufficient number of rooms in which smoking is not permitted 2 1 to accommodate all persons who desire such rooms. 2 2 Sec. 2. Section 142B.2, Code 2003, is amended by striking 2 3 the section and inserting in lieu thereof the following: 2 4 142B.2 PROHIBITION. 2 5 A person shall not smoke in a public place or in a public 2 6 meeting. 2 7 Sec. 3. Section 142B.3, Code 2003, is amended to read as 2 8 follows: 2 9 142B.3 RESPONSIBILITIES OF PROPRIETORS – INSPECTIONS. 2 10 1. The person having custody or control of a public place 2 11 or public meeting shallmake reasonable efforts to prevent2 12smoking in the public place or public meeting by posting2 13appropriate signs indicating no-smoking or smoking areas and2 14arranging seating accordinglyprominently and conspicuously 2 15 post signs as necessary to comply with this chapter. 2 16 2. If the public place is subject to any state inspection 2 17 process or under contract with the state, the person 2 18 performing the inspection shall check for compliance with the 2 19 posting requirement. 2 20 3. A facility inspected by the department of inspections 2 21 and appeals shall be inspected by the department for 2 22 compliance with this section. 2 23 Sec. 4. Section 142B.6, unnumbered paragraph 1, Code 2003, 2 24 is amended to read as follows: 2 25 A person who smokes in those areas prohibited in section 2 26 142B.2, or who violates section142B.4142B.3, shall pay a 2 27 civil fine pursuant to section 805.8C, subsection 3, paragraph 2 28 "a", for each violation. 2 29 Sec. 5. Section 142B.4, Code 2003, is repealed. 2 30 EXPLANATION 2 31 This bill relates to smoking prohibitions in public places. 2 32 The bill redefines "public place" to mean any enclosed indoor 2 33 area used by the general public or serving as a place of work, 2 34 without limitation as to floor space, including, but not 2 35 limited to, all restaurants, without limitation as to seating 3 1 capacity. Under the bill, "public place" also includes 3 2 outdoor bar or restaurant areas; public restrooms; child care 3 3 facilities and child care homes; playgrounds; and auditoriums, 3 4 elevators, theaters, libraries, art museums, concert halls, 3 5 arenas, and meeting rooms whether located indoors or outdoors 3 6 and including all corridors, hallways, and lobbies adjacent to 3 7 these areas. Under the bill, "public place" does not include 3 8 a retail store at which 50 percent or more of the sales result 3 9 from the sale of tobacco or tobacco products, but does include 3 10 the portion of a retail store where tobacco or tobacco 3 11 products are sold. The bill also eliminates the exception to 3 12 the definition of "public place" of an enclosed office 3 13 occupied exclusively by smokers even though the office may be 3 14 visited by nonsmokers. 3 15 The bill prohibits smoking in a public place and eliminates 3 16 all provisions allowing smoking in a public place in 3 17 designated smoking areas and the provisions requiring 3 18 proprietors to post signs and make other provisions relating 3 19 to designated smoking areas. The bill, however, does require 3 20 proprietors to prominently and conspicuously post signs as 3 21 necessary to comply with the chapter. 3 22 LSB 1631SS 80 3 23 pf/pj/5
Text: SF00086 Text: SF00088 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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