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 Section 19a-342 of the general statutes is repealed and the 1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