Connecticut 2019 Regular Session

Connecticut House Bill HB05139 Compare Versions

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7	6		General Assembly Committee Bill No. 5139
8	7		January Session, 2019
9	8		LCO No. 6255
10	9
11	10
12	11		Referred to Committee on GENERAL LAW
13	12
14	13
15	14		Introduced by:
16	15		(GL)
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18	17
19	18
20	19		AN ACT CONCERNING TO BACCO BARS.
21	20		Be it enacted by the Senate and House of Representatives in General
22	21		Assembly convened:
23	22
24	23		Section 1. Section 19a-342 of the general statutes is repealed and the 1
25	24		following is substituted in lieu thereof (Effective October 1, 2019): 2
26	25		(a) As used in this section, "smoke" or "smoking" means the lighting 3
27	26		or carrying of a lighted cigarette, cigar, pipe or similar device. 4
28	27		(b) (1) Notwithstanding the provisions of section 31-40q, no person 5
29	28		shall smoke: (A) In any building or portion of a building, partially 6
30	29		enclosed shelter on a rail platform or bus shelter owned and operated 7
31	30		or leased and operated by the state or any political subdivision thereof; 8
32	31		(B) in any area of a health care institution; (C) in any area of a retail 9
33	32		food store; (D) in any restaurant; (E) in any area of an establishment 10
34	33		with a permit issued for the sale of alcoholic liquor pursuant to section 11
35	34		30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-12
36	35		35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a 13
37	36		permit for the sale of alcoholic liquor pursuant to section 30-23 issued 14
38	37		after May 1, 2003, and, on and after April 1, 2004, in any area of an 15
39		-	establishment with a permit issued for the sale of alcoholic liquor 16 Committee Bill No. 5139
	38	+	establishment with a permit issued for the sale of alcoholic liquor 16
	39	+	Committee Bill No. 5139
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46	44		pursuant to section 30-22a or 30-26 or the bar area of a bowling 17
47	45		establishment holding a permit pursuant to subsection (a) of section 18
48	46		30-37c; (F) within a school building while school is in session or 19
49	47		student activities are being conducted; (G) in any passenger elevator, 20
50	48		provided no person shall be arrested for violating this subsection 21
51	49		unless there is posted in such elevator a sign which indicates that 22
52	50		smoking is prohibited by state law; (H) in any dormitory in any public 23
53	51		or private institution of higher education; or (I) on and after April 1, 24
54	52		2004, in any area of a dog race track or a facility equipped with screens 25
55	53		for the simulcasting of off-track betting race programs or jai alai 26
56	54		games. For purposes of this subsection, "restaurant" means space, in a 27
57	55		suitable and permanent building, kept, used, maintained, advertised 28
58	56		and held out to the public to be a place where meals are regularly 29
59	57		served to the public. 30
60	58		(2) This section shall not apply to (A) correctional facilities; (B) 31
61	59		designated smoking areas in psychiatric facilities; (C) public housing 32
62	60		projects, as defined in subsection (b) of section 21a-278a; (D) any 33
63	61		classroom where demonstration smoking is taking place as part of a 34
64	62		medical or scientific experiment or lesson; (E) smoking rooms 35
65	63		provided by employers for employees, pursuant to section 31-40q; (F) 36
66	64		notwithstanding the provisions of subparagraph (E) of subdivision (1) 37
67	65		of this subsection, the outdoor portion of the premises of any permittee 38
68	66		listed in subparagraph (E) of subdivision (1) of this subsection, 39
69	67		provided, in the case of any seating area maintained for the service of 40
70	68		food, at least seventy-five per cent of the outdoor seating capacity is an 41
71	69		area in which smoking is prohibited and which is clearly designated 42
72	70		with written signage as a nonsmoking area, except that any temporary 43
73	71		seating area established for special events and not used on a regular 44
74	72		basis shall not be subject to the smoking prohibition or signage 45
75	73		requirements of this subparagraph; (G) any medical research site 46
76	74		where smoking is integral to the research being conducted; or (H) any 47
77	75		tobacco bar [, provided no tobacco bar shall expand in size or change 48
78	76		its location from its size or location as of December 31, 2002]. For 49
79		-	purposes of this subdivision, "outdoor" means an area which has no 50 Committee Bill No. 5139
	77	+	purposes of this subdivision, "outdoor" means an area which has no 50
	78	+	Committee Bill No. 5139
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86	83		roof or other ceiling enclosure, "tobacco bar" means an establishment 51
87	84		with a permit for the sale of alcoholic liquor to consumers issued 52
88	85		pursuant to chapter 545 that [, in the calendar year ending December 53
89	86		31, 2002, generated ten] generates twenty per cent or more of its total 54
90	87		annual gross income from the on-site sale of tobacco products and the 55
91	88		rental of on-site humidors, and "tobacco product" means any substance 56
92	89		that contains tobacco, including, but not limited to, cigarettes, cigars, 57
93	90		pipe tobacco or chewing tobacco. 58
94	91		(c) The operator of a hotel, motel or similar lodging may allow 59
95	92		guests to smoke in not more than twenty-five per cent of the rooms 60
96	93		offered as accommodations to guests. 61
97	94		(d) In each room, elevator, area or building in which smoking is 62
98	95		prohibited by this section, the person in control of the premises shall 63
99	96		post or cause to be posted in a conspicuous place signs stating that 64
100	97		smoking is prohibited by state law. Such signs, except in elevators, 65
101	98		restaurants, establishments with permits to sell alcoholic liquor to 66
102	99		consumers issued pursuant to chapter 545, hotels, motels or similar 67
103	100		lodgings, and health care institutions, shall have letters at least four 68
104	101		inches high with the principal strokes of letters not less than one-half 69
105	102		inch wide. 70
106	103		(e) Any person found guilty of smoking in violation of this section, 71
107	104		failure to post signs as required by this section or the unauthorized 72
108	105		removal of such signs shall have committed an infraction. Nothing in 73
109	106		this section shall be construed to require the person in control of a 74
110	107		building to post such signs in every room of a building, provided such 75
111	108		signs are posted in a conspicuous place in such building. 76
112	109		(f) Nothing in this section shall be construed to require any smoking 77
113	110		area in any building. 78
114	111		(g) The provisions of this section shall supersede and preempt the 79
115	112		provisions of any municipal law or ordinance relative to smoking 80
116		-	effective prior to, on or after October 1, 1993. 81 Committee Bill No. 5139
	113	+	effective prior to, on or after October 1, 1993. 81
	114	+	Committee Bill No. 5139
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123	119		Sec. 2. Section 19a-342a of the general statutes is repealed and the 82
124	120		following is substituted in lieu thereof (Effective October 1, 2019): 83
125	121		(a) As used in this section and section 2 of public act 15-206: 84
126	122		(1) "Child care facility" means a provider of child care services as 85
127	123		defined in section 19a-77, or a person or entity required to be licensed 86
128	124		under section 17a-145; 87
129	125		(2) "Electronic nicotine delivery system" means an electronic device 88
130	126		that may be used to simulate smoking in the delivery of nicotine or 89
131	127		other substances to a person inhaling from the device, and includes, 90
132	128		but is not limited to, an electronic cigarette, electronic cigar, electronic 91
133	129		cigarillo, electronic pipe or electronic hookah and any related device 92
134	130		and any cartridge or other component of such device; 93
135	131		(3) "Liquid nicotine container" means a container that holds a liquid 94
136	132		substance containing nicotine that is sold, marketed or intended for 95
137	133		use in an electronic nicotine delivery system or vapor product, except 96
138	134		"liquid nicotine container" does not include such a container that is 97
139	135		prefilled and sealed by the manufacturer and not intended to be 98
140	136		opened by the consumer; and 99
141	137		(4) "Vapor product" means any product that employs a heating 100
142	138		element, power source, electronic circuit or other electronic, chemical 101
143	139		or mechanical means, regardless of shape or size, to produce a vapor 102
144	140		that may or may not include nicotine, that is inhaled by the user of 103
145	141		such product, but shall not include a medicinal or therapeutic product 104
146	142		used by a (A) licensed health care provider to treat a patient in a health 105
147	143		care setting, or (B) a patient, as prescribed or directed by a licensed 106
148	144		health care provider in any setting. 107
149	145		(b) (1) No person shall use an electronic nicotine delivery system or 108
150	146		vapor product: (A) In any building or portion of a building owned and 109
151	147		operated or leased and operated by the state or any political 110
152	148		subdivision thereof; (B) in any area of a health care institution; (C) in 111
153		-	~~any area of a retail food store; (D) in any restaurant; (E) in any area of 112~~ Committee Bill No. 5139
	149	+	Committee Bill No. 5139
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	154	+	any area of a retail food store; (D) in any restaurant; (E) in any area of 112
160	155		an establishment with a permit issued for the sale of alcoholic liquor 113
161	156		pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 114
162	157		30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any 115
163	158		area of establishment with a permit issued for the sale of alcoholic 116
164	159		liquor pursuant to section 30-23 issued after May 1, 2003, or the bar 117
165	160		area of a bowling establishment holding a permit pursuant to 118
166	161		subsection (a) of section 30-37c; (F) within a school building while 119
167	162		school is in session or student activities are being conducted; (G) 120
168	163		within a child care facility, except, if the child care facility is a family 121
169	164		child care home as defined in section 19a-77, such use is prohibited 122
170	165		only when a child enrolled in such home is present; (H) in any 123
171	166		passenger elevator, provided no person shall be arrested for violating 124
172	167		this subsection unless there is posted in such elevator a sign which 125
173	168		indicates that such use is prohibited by state law; (I) in any dormitory 126
174	169		in any public or private institution of higher education; or (J) in any 127
175	170		area of a dog race track or a facility equipped with screens for the 128
176	171		simulcasting of off-track betting race programs or jai alai games. For 129
177	172		purposes of this subsection, "restaurant" means space, in a suitable and 130
178	173		permanent building, kept, used, maintained, advertised and held out 131
179	174		to the public to be a place where meals are regularly served to the 132
180	175		public. 133
181	176		(2) This section shall not apply to (A) correctional facilities; (B) 134
182	177		designated smoking areas in psychiatric facilities; (C) public housing 135
183	178		projects, as defined in subsection (b) of section 21a-278a; (D) any 136
184	179		classroom where a demonstration of the use of an electronic nicotine 137
185	180		delivery system or vapor product is taking place as part of a medical or 138
186	181		scientific experiment or lesson; (E) any medical research site where the 139
187	182		use of an electronic nicotine delivery system or vapor product is 140
188	183		integral to the research being conducted; (F) establishments without a 141
189	184		permit for the sale of alcoholic liquor that sell electronic nicotine 142
190	185		delivery systems, vapor products or liquid nicotine containers on-site 143
191	186		and allow their customers to use such systems, products or containers 144
192	187		on-site; (G) smoking rooms provided by employers for employees, 145
193		-	~~pursuant to section 31-40q; (H) notwithstanding the provisions of 146~~ Committee Bill No. 5139
	188	+	Committee Bill No. 5139
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	193	+	pursuant to section 31-40q; (H) notwithstanding the provisions of 146
200	194		subparagraph (E) of subdivision (1) of this subsection, the outdoor 147
201	195		portion of the premises of any permittee listed in subparagraph (E) of 148
202	196		subdivision (1) of this subsection, provided, in the case of any seating 149
203	197		area maintained for the service of food, at least seventy-five per cent of 150
204	198		the outdoor seating capacity is an area in which smoking is prohibited 151
205	199		and which is clearly designated with written signage as a nonsmoking 152
206	200		area, except that any temporary seating area established for special 153
207	201		events and not used on a regular basis shall not be subject to the 154
208	202		prohibition on the use of an electronic nicotine delivery system or 155
209	203		vapor product or the signage requirements of this subparagraph; or (I) 156
210	204		any tobacco bar [, provided no tobacco bar shall expand in size or 157
211	205		change its location from its size or location as of October 1, 2015]. For 158
212	206		purposes of this subdivision, "outdoor" means an area which has no 159
213	207		roof or other ceiling enclosure, "tobacco bar" means an establishment 160
214	208		with a permit for the sale of alcoholic liquor to consumers issued 161
215	209		pursuant to chapter 545 that [, in the calendar year ending December 162
216	210		31, 2015, generated ten] generates twenty per cent or more of its total 163
217	211		annual gross income from the on-site sale of tobacco products and the 164
218	212		rental of on-site humidors, and "tobacco product" means any substance 165
219	213		that contains tobacco, including, but not limited to, cigarettes, cigars, 166
220	214		pipe tobacco or chewing tobacco. 167
221	215		(c) The operator of a hotel, motel or similar lodging may allow 168
222	216		guests to use an electronic nicotine delivery system or vapor product 169
223	217		in not more than twenty-five per cent of the rooms offered as 170
224	218		accommodations to guests. 171
225	219		(d) In each room, elevator, area or building in which the use of an 172
226	220		electronic nicotine delivery system or vapor product is prohibited by 173
227	221		this section, the person in control of the premises shall post or cause to 174
228	222		be posted in a conspicuous place signs stating that such use is 175
229	223		prohibited by state law. Such signs, except in elevators, restaurants, 176
230	224		establishments with permits to sell alcoholic liquor to consumers 177
231	225		issued pursuant to chapter 545, hotels, motels or similar lodgings, and 178
232		-	~~health care institutions, shall have letters at least four inches high with 179~~ Committee Bill No. 5139
	226	+	Committee Bill No. 5139
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	231	+	health care institutions, shall have letters at least four inches high with 179
239	232		the principal strokes of letters not less than one-half inch wide. 180
240	233		(e) Any person found guilty of using an electronic nicotine delivery 181
241	234		system or vapor product in violation of this section, failure to post 182
242	235		signs as required by this section or the unauthorized removal of such 183
243	236		signs shall have committed an infraction. 184
244	237		(f) Nothing in this section shall be construed to require the 185
245	238		designation of any area for the use of electronic nicotine delivery 186
246	239		system or vapor product in any building. 187
247	240		(g) The provisions of this section shall supersede and preempt the 188
248	241		provisions of any municipal law or ordinance relative to the use of an 189
249	242		electronic nicotine delivery system or vapor product effective prior to, 190
250	243		on or after October 1, 2015. 191
251	244		This act shall take effect as follows and shall amend the following
252	245		sections:
253	246
254	247		Section 1 October 1, 2019 19a-342
255	248		Sec. 2 October 1, 2019 19a-342a
256	249
257		-	GL Joint Favorable
	250	+	Statement of Purpose:
	251	+	To allow for the expansion, change in location and establishment of
	252	+	tobacco bars.
	253	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	254	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	255	+	not underlined.]
	256	+
	257	+	Co-Sponsors: REP. PERILLO, 113th Dist.; REP. DAVIS C., 57th Dist.
	258	+	REP. MICHEL, 146th Dist.
	259	+
	260	+	H.B. 5139
	261	+
258	262