House Amendment 8090
PAG LIN
1 1 Amend the Senate amendment, H=8054, to House File
1 2 2212, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 1, line 34, by striking the word
1 5 <private>.
1 6 #2. Page 1, by inserting after line 34 the
1 7 following:
1 8 < . "Club" means club as defined in section
1 9 123.3.>
1 10 #3. Page 3, by striking lines 34 through 50.
1 11 #4. Page 4, line 40, by striking the words
1 12 <Private clubs> and inserting the following: <Clubs>.
1 13 #5. Page 7, by striking lines 9 through 16.
1 14 #6. Page 7, by inserting after line 34 the
1 15 following:
1 16 <___. A restaurant, bar, hotel or motel as defined
1 17 in section 123.3, club, or a licensee pursuant to
1 18 chapter 99D or 99F, subject to the following:
1 19 a. The restaurant, bar, hotel or motel, club, or
1 20 licensee pursuant to chapter 99D or 99F is the holder
1 21 of a class "A", class "B", class "C", or class "D",
1 22 liquor control license for on=premises consumption
1 23 pursuant to chapter 123, as applicable.
1 24 b. The exemption from the prohibitions of section
1 25 142D.3 applies only to the licensed premises as
1 26 defined in section 123.3 of an entity specified under
1 27 this subsection, subject to the following limitations:
1 28 (1) If the holder of the liquor control license is
1 29 a licensee pursuant to chapter 99D or 99F, in addition
1 30 to any restaurants or bars located within the licensed
1 31 premises, only the portion of the licensed premises
1 32 which is the wagering area of a licensee pursuant to
1 33 chapter 99D, or the gaming floor of a licensee
1 34 pursuant to chapter 99F.
1 35 (2) If the holder of the liquor control license is
1 36 a hotel or motel, only the portion of the licensed
1 37 premises which is a restaurant or bar.
1 38 (3) If the licensed premises or a portion of the
1 39 licensed premises is a restaurant or bar, only that
1 40 portion of the restaurant or bar that is a designated
1 41 smoking area. A smoking area shall be designated by
1 42 the person having custody or control of the restaurant
1 43 or bar, except in places in which smoking is
1 44 prohibited by the fire marshal or by other law,
1 45 ordinance, or regulation. Where smoking areas are
1 46 designated, existing physical barriers and existing
1 47 ventilation systems shall be used to minimize the
1 48 toxic effect of smoke in adjacent nonsmoking areas.
1 49 In the case of a restaurant or bar consisting of a
1 50 single room, the provisions of this law shall be
2 1 considered met if one side of the room is reserved and
2 2 posted as a no=smoking area. A bar may be designated
2 3 as a smoking area in its entirety. If a bar has
2 4 within its premises a nonsmoking area, this
2 5 designation shall be posted on all entrances normally
2 6 used by the public. The person having custody or
2 7 control of the restaurant or bar shall post
2 8 appropriate signs indicating no=smoking or smoking
2 9 areas and arrange seating accordingly. In addition,
2 10 the statement "Smoking prohibited except in designated
2 11 areas" shall be conspicuously posted on all major
2 12 entrances to the restaurant or bar.
2 13 c. The restaurant, bar, hotel or motel, club, or
2 14 licensee pursuant to chapter 99D or 99F allows smoking
2 15 only at a specified time during which only individuals
2 16 twenty=one years of age or older are invited or
2 17 admitted; the specified time is a regular, single,
2 18 consecutive period of time; and the specified time is
2 19 conspicuously posted on all major entrances of the
2 20 licensed premises or the portion of the licensed
2 21 premises as specified in paragraph "b", as
2 22 applicable.>
2 23 #7. By renumbering as necessary.
2 24
2 25
2 26
2 27 BAILEY of Hamilton
2 28 HF 2212.726 82
2 29 pf/rj/10973
-1-