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:
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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.
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