Senate File 1 - Introduced



                                       SENATE FILE       
                                       BY  McCOY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the prohibition of smoking in restaurants, and
  2    making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1020XS 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 notwithstanding seating capacity greater than fifty or square
  1 15 feet of floor space, all retail stores, lobbies and malls,
  1 16 offices, including waiting rooms, and other commercial
  1 17 establishments; public conveyances with departures, travel,
  1 18 and destination entirely within this state; educational
  1 19 facilities; hospitals, clinics, nursing homes, and other
  1 20 health care and medical facilities; and auditoriums,
  1 21 elevators, theaters, libraries, art museums, concert halls,
  1 22 indoor arenas, and meeting rooms.  "Public place" does not
  1 23 include a retail store at which fifty percent or more of the
  1 24 sales result from the sale of tobacco or tobacco products, the
  1 25 portion of a retail store where tobacco or tobacco products
  1 26 are sold, a private, enclosed office occupied exclusively by
  1 27 smokers even though the office may be visited by nonsmokers, a
  1 28 room used primarily as the residence of students or other
  1 29 persons at an educational facility, a sleeping room in a motel
  1 30 or hotel, or each resident's room in a health care facility.
  1 31 The person in custody or control of the facility shall provide
  1 32 a sufficient number of rooms in which smoking is not permitted
  1 33 to accommodate all persons who desire such rooms.
  1 34    Sec. 2.  Section 142B.2, subsection 4, Code 2005, is
  1 35 amended to read as follows:
  2  1    4.  Notwithstanding subsection 1, smoking is prohibited in
  2  2 all restaurants and on elevators.
  2  3                           EXPLANATION
  2  4    This bill prohibits smoking in all restaurants.  The bill
  2  5 defines a "public place" in the smoking prohibitions chapter
  2  6 (Code chapter 142B) to include all restaurants,
  2  7 notwithstanding seating capacity or square feet of floor
  2  8 space.  The bill makes inapplicable the provisions of the
  2  9 chapter relating to designation of smoking areas in public
  2 10 places and prohibits smoking in all restaurants.  Under Code
  2 11 chapter 142B, a person who smokes in a prohibited area is
  2 12 subject to payment of a scheduled fine of $25.  Additionally,
  2 13 Code section 142B.2 requires the department of inspections and
  2 14 appeals to inspect facilities that the department inspects for
  2 15 compliance with Code chapter 142B.
  2 16 LSB 1020XS 81
  2 17 pf/gg/14.1