House File 211 - Introduced
HOUSE FILE
BY BAILEY, ARNOLD, BEARD, BELL, BERRY,
BUKTA, DE BOEF, DEYOE, DOLECHECK,
DRAKE, FORRISTALL, FREVERT, HAGENOW,
HEATON, HELLAND, HORBACH, HUSEMAN,
HUSER, KAUFMANN, KEARNS, KELLEY,
KRESSIG, LYKAM, MAREK, MERTZ,
H. MILLER, R. OLSON, S. OLSON,
PETTENGILL, QUIRK, RANTS, RAYHONS,
SANDS, SCHUELLER, SCHULTZ, SODERBERG,
STECKMAN, STRUYK, SWAIM, SWEENEY,
D. TAYLOR, THOMAS, TJEPKES, TYMESON,
VAN ENGELENHOVEN, WATTS, WENDT,
WENTHE, WHITAKER, WINDSCHITL,
and ZIRKELBACH
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 outdoor areas of
2 bars and restaurants and in theaters.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1788HH 83
5 pf/rj/24
PAG LIN
1 1 Section 1. Section 142D.2, subsections 1 and 17, Code
1 2 2009, are amended to read as follows:
1 3 1. "Bar" means an establishment where one may purchase
1 4 alcoholic beverages, as defined in section 123.3, for
1 5 consumption on the premises and in which the serving of food
1 6 is only incidental to the consumption of those beverages.
1 7 17. "Restaurant" means an eating establishments
1 8 establishment, including a private and or public school
1 9 cafeterias cafeteria, which offer offers food to the public,
1 10 guests, or employees, including the kitchen and catering
1 11 facilities in which food is prepared on the premises for
1 12 serving elsewhere, and including a bar an area within a
1 13 restaurant where one may purchase alcoholic beverages, as
1 14 defined in section 123.3, for consumption on the premises.
1 15 Sec. 2. Section 142D.3, subsection 2, paragraph b, Code
1 16 2009, is amended by striking the paragraph.
1 17 Sec. 3. Section 142D.4, Code 2009, is amended by adding
1 18 the following new subsections:
1 19 NEW SUBSECTION. 12. The outdoor seating and serving areas
1 20 of bars and restaurants, unless such outdoor seating or
1 21 serving area is an outdoor area in which smoking is prohibited
1 22 pursuant to section 142D.3 or 142D.5.
1 23 NEW SUBSECTION. 13. Theaters and other theatrical
1 24 production sites where live theatrical performances are
1 25 conducted only as follows:
1 26 a. Only the actors or actresses involved in the theatrical
1 27 performance are allowed to smoke as part of the theatrical
1 28 performance, if the smoking is integral to the script or story
1 29 line of the performance.
1 30 b. Notice that smoking is part of the theatrical
1 31 performance is provided to theater patrons and employees in
1 32 advance, and notice and the name of the character and the
1 33 actor or actress playing the character are included in the
1 34 performance program.
1 35 c. The primary use of the location is as a theater or
2 1 theatrical production site.
2 2 EXPLANATION
2 3 This bill relates to the regulation of smoking in outdoor
2 4 areas of bars and restaurants under the "Smokefree Air Act".
2 5 The bill redefines "bar" by eliminating any reference to
2 6 the amount of food served relative to the consumption of
2 7 alcoholic beverages on the premises of such an establishment
2 8 and amends the definition of "restaurant" consistent with the
2 9 new definition of bar.
2 10 The bill also eliminates the explicit prohibition of
2 11 smoking in the outdoor seating and serving areas of
2 12 restaurants only, and instead includes a provision explicitly
2 13 exempting the outdoor seating and serving areas of both bars
2 14 and restaurants from the smoking prohibition, unless the
2 15 outdoor area is an outdoor area in which smoking is prohibited
2 16 specifically or the person in custody or control of the area
2 17 has declared the outdoor area as a nonsmoking place.
2 18 The bill also includes a provision explicitly exempting
2 19 theaters and other theatrical production sites where live
2 20 theatrical performances are conducted from the smoking
2 21 prohibition, if certain criteria are met. The criteria
2 22 include that only actors and actresses involved in the
2 23 performance are allowed to smoke as part of the performance if
2 24 the smoking is integral to the script or story line of the
2 25 performance; notice of smoking during the performance is
2 26 provided to theater patrons and employees in advance, and
2 27 notice and the name of the character and actor or actress
2 28 playing the character are included in the performance program;
2 29 and the primary use of the location is as a theater or
2 30 theatrical production site.
2 31 LSB 1788HH 83
2 32 pf/rj/24.1