Senate File 158 - Introduced





                                      SENATE FILE       
                                      BY  ZAUN, HAMERLINCK, McKINLEY,
                                          BEHN, and DOTZLER


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

                                      A BILL FOR

  1 An Act relating to exemptions from the prohibitions of the
  2    smokefree air Act for some bars.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2081XS 83
  5 pf/rj/5

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 sixty percent
  1  7 or more of the gross revenue of the establishment is derived
  1  8 from the sales of such beverages.
  1  9    17.  "Restaurant" means an eating establishments
  1 10 establishment, including a private and public school
  1 11 cafeterias cafeteria, which offer offers food to the public,
  1 12 guests, or employees, including the kitchen and catering
  1 13 facilities in which food is prepared on the premises for
  1 14 serving elsewhere, and including a bar an area within a
  1 15 restaurant where one may purchase alcoholic beverages, as
  1 16 defined in section 123.3, for consumption on the premises.
  1 17    Sec. 2.  Section 142D.3, subsection 2, paragraph b, Code
  1 18 2009, is amended by striking the paragraph.
  1 19    Sec. 3.  Section 142D.4, Code 2009, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  12.  A bar to which only individuals
  1 22 twenty=one years of age and older are invited and allowed
  1 23 entrance.
  1 24                           EXPLANATION
  1 25    This bill amends the smokefree air Act (Code chapter 142D)
  1 26 relating to bars.  The bill redefines "bar" under the Act to
  1 27 provide that a bar is an establishment in which alcoholic
  1 28 beverages may be purchased for consumption on the premises and
  1 29 in which at least 60 percent of the gross revenue of the
  1 30 establishment is derived from the sales of such beverages.
  1 31 The bill changes the definition of "restaurant" to include
  1 32 areas of the restaurant where alcoholic beverages can be
  1 33 purchased and consumed rather than referring to the new
  1 34 definition of "bar".  The bill exempts bars to which only
  1 35 individuals 21 years of age and older are invited and allowed
  2  1 entrance from the smoking prohibitions of the Act.  The bill
  2  2 also eliminates the provision prohibiting smoking in the
  2  3 outdoor seating and serving areas of restaurants.
  2  4 LSB 2081XS 83
  2  5 pf/rj/5