House File 71 - Introduced
HOUSE FILE
BY PETERSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the prohibition of smoking in restaurants and
2 bars and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1386HH 81
5 pf/gg/14
PAG LIN
1 1 Section 1. Section 142B.1, subsections 1 and 3, Code 2005,
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, but
1 6 excluding any establishment or portion of the establishment
1 7 having table and seating facilities for serving of meals to
1 8 more than fifty people at one time and where, in consideration
1 9 of 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 work containing
1 12 two hundred fifty or more square feet of floor space,
1 13 including, but not limited to, all restaurants with a
1 14 regardless of seating capacity greater than fifty or square
1 15 feet of floor space, all bars regardless of seating capacity
1 16 or square feet of floor space, all retail stores, lobbies and
1 17 malls, offices, including waiting rooms, and other commercial
1 18 establishments; public conveyances with departures, travel,
1 19 and destination entirely within this state; educational
1 20 facilities; 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 23 indoor arenas, and meeting rooms. "Public place" does not
1 24 include a retail store at which fifty percent or more of the
1 25 sales result from the sale of tobacco or tobacco products, the
1 26 portion of a retail store where tobacco or tobacco products
1 27 are sold, a private, enclosed office occupied exclusively by
1 28 smokers even though the office may be visited by nonsmokers, a
1 29 room used primarily as the residence of students or other
1 30 persons at an educational facility, a sleeping room in a motel
1 31 or hotel, or each resident's room in a health care facility.
1 32 The person in custody or control of the facility shall provide
1 33 a sufficient number of rooms in which smoking is not permitted
1 34 to accommodate all persons who desire such rooms.
1 35 Sec. 2. Section 142B.2, subsection 3, unnumbered paragraph
2 1 1, Code 2005, is amended to read as follows:
2 2 Where smoking areas are designated, existing physical
2 3 barriers and existing ventilation systems shall be used to
2 4 minimize the toxic effect of smoke in adjacent nonsmoking
2 5 areas. In the case of public places consisting of a single
2 6 room, the provisions of this law shall be considered met if
2 7 one side of the room is reserved and posted as a no=smoking
2 8 area. No public place other than a bar shall be designated as
2 9 a smoking area in its entirety. If a bar has within its
2 10 premises a nonsmoking area, this designation shall be posted
2 11 on all entrances normally used by the public.
2 12 Sec. 3. Section 142B.2, subsection 4, Code 2005, is
2 13 amended to read as follows:
2 14 4. Notwithstanding subsection 1 of this section, smoking
2 15 is prohibited in all restaurants, in all bars, and on
2 16 elevators.
2 17 EXPLANATION
2 18 This bill prohibits smoking in all restaurants and bars.
2 19 The bill defines a "public place" in the smoking prohibitions
2 20 chapter (Code chapter 142B) to include all restaurants and
2 21 bars, regardless of seating capacity or square feet of floor
2 22 space. The bill makes inapplicable the provisions of the
2 23 chapter relating to designation of smoking areas in public
2 24 places and prohibits smoking in all restaurants and bars.
2 25 Under Code chapter 142B, a person who smokes in a prohibited
2 26 area is subject to payment of a scheduled fine of $25.
2 27 Additionally, Code section 142B.2 requires the department of
2 28 inspections and appeals to inspect facilities that the
2 29 department inspects for compliance with Code chapter 142B.
2 30 LSB 1386HH 81
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