House File 174 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act relating to the regulation of smoking in the outdoor areas
  2    of bars and restaurants and on gaming floors.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1774YH 83
  5 pf/nh/5

PAG LIN



  1  1    Section 1.  Section 142D.3, subsection 2, paragraph b, Code
  1  2 2009, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 142D.4, subsection 10, Code 2009, is
  1  4 amended by striking the subsection.
  1  5                           EXPLANATION
  1  6    This bill relates to the regulation of smoking in the
  1  7 outdoor areas of bars and restaurants and on gaming floors
  1  8 under the smokefree air Act (Code chapter 142D).
  1  9    Current law prohibits smoking in the outdoor seating and
  1 10 serving areas of restaurants.  The bill eliminates this
  1 11 prohibition, allowing smoking in the outdoor areas of
  1 12 restaurants and effectively eliminating any distinction
  1 13 between bars and restaurants under the smokefree air Act.
  1 14 However, under current law, a person in custody or control of
  1 15 either a bar or a restaurant may still declare the outside
  1 16 area of the restaurant or bar that is otherwise exempt from
  1 17 the prohibitions of the Code chapter as a nonsmoking place
  1 18 pursuant to Code section 142D.5.
  1 19    The smokefree air Act prohibits smoking in public places
  1 20 including gambling structures, excursion gambling boats, and
  1 21 racetrack enclosures, with the exception of the gaming floors
  1 22 of premises licensed pursuant to Code chapter 99F (excursion
  1 23 gambling boats and racetracks).  The bill eliminates this
  1 24 exception, thereby subjecting the entirety of gambling
  1 25 structures, excursion gambling boats, and racetrack enclosures
  1 26 to the smoking prohibitions of the smokefree air Act.
  1 27 LSB 1774YH 83
  1 28 pf/nh/5.1