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 mealsto 1 8 more than fifty people at one time andwhere, 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 restaurantswith a1 14 notwithstanding seating capacitygreater than fiftyor 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