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General Assembly Raised Bill No. 5297
February Session, 2020
LCO No. 2040
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 2020 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2020): 3
(a) As used in this section, "smoke" or "smoking" means the lighting 4
or carrying of a lighted cigarette, cigar, pipe or similar device. 5
(b) (1) Notwithstanding the provisions of section 31-40q, no person 6
shall smoke: (A) In any building or portion of a building, partially 7
enclosed shelter on a rail platform or bus shelter owned and operated 8
or leased and operated by the state or any political subdivision thereof; 9
(B) in any area of a health care institution; (C) in any area of a retail food 10
store; (D) in any restaurant; (E) in any area of an establishment with a 11
permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 12
30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 13
30-37e or 30-37f, in any area of an establishment with a permit for the 14
sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 15 Raised Bill No.
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2003, and, on and after April 1, 2004, in any area of an establishment 16
with a permit issued for the sale of alcoholic liquor pursuant to section 17
30-22a or 30-26 or the bar area of a bowling establishment holding a 18
permit pursuant to subsection (a) of section 30-37c; (F) within a school 19
building or on the grounds of such school; (G) within a child care facility 20
or on the grounds of such child care facility, except, if the child care 21
facility is a family child care home, as defined in section 19a-77, such 22
smoking is prohibited only when a child enrolled in such home is 23
present; (H) in any passenger elevator, provided no person shall be 24
arrested for violating this subsection unless there is posted in such 25
elevator a sign which indicates that smoking is prohibited by state law; 26
(I) in any dormitory in any public or private institution of higher 27
education; or (J) on and after April 1, 2004, in any area of a dog race track 28
or a facility equipped with screens for the simulcasting of off-track 29
betting race programs or jai alai games. For purposes of this subsection, 30
"restaurant" means space, in a suitable and permanent building, kept, 31
used, maintained, advertised and held out to the public to be a place 32
where meals are regularly served to the public, "school" has the same 33
meaning as provided in section 10-154a and "child care facility" has the 34
same meaning as provided in section 19a-342a. 35
(2) This section shall not apply to (A) correctional facilities; (B) 36
designated smoking areas in psychiatric facilities; (C) public housing 37
projects, as defined in subsection (b) of section 21a-278a; (D) any 38
classroom where demonstration smoking is taking place as part of a 39
medical or scientific experiment or lesson; (E) smoking rooms provided 40
by employers for employees, pursuant to section 31 -40q; (F) 41
notwithstanding the provisions of subparagraph (E) of subdivision (1) 42
of this subsection, the outdoor portion of the premises of any permittee 43
listed in subparagraph (E) of subdivision (1) of this subsection, 44
provided, in the case of any seating area maintained for the service of 45
food, at least seventy-five per cent of the outdoor seating capacity is an 46
area in which smoking is prohibited and which is clearly designated 47
with written signage as a nonsmoking area, except that any temporary 48
seating area established for special events and not used on a regular 49
basis shall not be subject to the smoking prohibition or signage 50 Raised Bill No.
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requirements of this subparagraph; (G) any medical research site where 51
smoking is integral to the research being conducted; or (H) any tobacco 52
bar, provided [no tobacco bar shall expand in size or change its location 53
from its size or location as of December 31, 2002] a tobacco bar that first 54
begins operating on or after October 1, 2020, shall (i) be located in a 55
stand-alone building, (ii) have a walk-in humidor on the premises, (iii) 56
not be located within a three-mile radius of any existing tobacco bar, 57
unless allowed pursuant to municipal zoning, or (iv) if such tobacco bar 58
is connected to another building, use its own heating, ventilation or air 59
conditioning system to prevent the comingling of air. For purposes of 60
this subdivision, "outdoor" means an area which has no roof or other 61
ceiling enclosure, "tobacco bar" means an establishment with a permit 62
for the sale of alcoholic liquor to consumers issued pursuant to chapter 63
545 that, (I) in the calendar year ending December 31, 2002, generated 64
ten per cent or more of its total annual gross income from the on-site 65
sale of tobacco products and the rental of on-site humidors, or (II) for 66
any tobacco bar that first begins operating on or after October 1, 2020, 67
generates fifty-one per cent or more of its total annual gross income in a 68
calendar year from the on-site sale of tobacco products and the rental of 69
on-site humidors, and "tobacco product" means any substance that 70
contains tobacco, including, but not limited to, cigarettes, cigars, pipe 71
tobacco or chewing tobacco. 72
(c) The operator of a hotel, motel or similar lodging may allow guests 73
to smoke in not more than twenty-five per cent of the rooms offered as 74
accommodations to guests. 75
(d) In each room, elevator, area or building in which smoking is 76
prohibited by this section, the person in control of the premises shall 77
post or cause to be posted in a conspicuous place signs stating that 78
smoking is prohibited by state law. Such signs, except in elevators, 79
restaurants, establishments with permits to sell alcoholic liquor to 80
consumers issued pursuant to chapter 545, hotels, motels or similar 81
lodgings, and health care institutions, shall have letters at least four 82
inches high with the principal strokes of letters not less than one-half 83
inch wide. 84 Raised Bill No.
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(e) Any person found guilty of smoking in violation of this section, 85
failure to post signs as required by this section or the unauthorized 86
removal of such signs shall have committed an infraction. Nothing in 87
this section shall be construed to require the person in control of a 88
building to post such signs in every room of a building, provided such 89
signs are posted in a conspicuous place in such building. 90
(f) Nothing in this section shall be construed to require any smoking 91
area in any building. 92
(g) The provisions of this section shall supersede and preempt the 93
provisions of any municipal law or ordinance relative to smoking 94
effective prior to, on or after October 1, 1993. 95
Sec. 2. Section 19a-342a of the 2020 supplement to the general statutes 96
is repealed and the following is substituted in lieu thereof (Effective 97
October 1, 2020): 98
(a) As used in this section and section 2 of public act 15-206: 99
(1) "Child care facility" means a provider of child care services as 100
defined in section 19a-77, or a person or entity required to be licensed 101
under section 17a-145; 102
(2) "Electronic nicotine delivery system" has the same meaning as 103
provided in section 21a-415; 104
(3) "Liquid nicotine container" means a container that holds a liquid 105
substance containing nicotine that is sold, marketed or intended for use 106
in an electronic nicotine delivery system or vapor product, except 107
"liquid nicotine container" does not include such a container that is 108
prefilled and sealed by the manufacturer and not intended to be opened 109
by the consumer; and 110
(4) "Vapor product" has the same meaning as provided in section 21a-111
415. 112
(b) (1) No person shall use an electronic nicotine delivery system or 113 Raised Bill No.
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vapor product: (A) In any building or portion of a building owned and 114
operated or leased and operated by the state or any political subdivision 115
thereof; (B) in any area of a health care institution; (C) in any area of a 116
retail food store; (D) in any restaurant; (E) in any area of an 117
establishment with a permit issued for the sale of alcoholic liquor 118
pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-119
28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 120
establishment with a permit issued for the sale of alcoholic liquor 121
pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 122
bowling establishment holding a permit pursuant to subsection (a) of 123
section 30-37c; (F) within a school building or on the grounds of such 124
school; (G) within a child care facility or on the grounds of such child 125
care facility, except, if the child care facility is a family child care home 126
as defined in section 19a-77, such use is prohibited only when a child 127
enrolled in such home is present; (H) in any passenger elevator, 128
provided no person shall be arrested for violating this subsection unless 129
there is posted in such elevator a sign which indicates that such use is 130
prohibited by state law; (I) in any dormitory in any public or private 131
institution of higher education; or (J) in any area of a dog race track or a 132
facility equipped with screens for the simulcasting of off-track betting 133
race programs or jai alai games. For purposes of this subsection, 134
"restaurant" means space, in a suitable and permanent building, kept, 135
used, maintained, advertised and held out to the public to be a place 136
where meals are regularly served to the public, and "school" has the 137
same meaning as provided in section 10-154a. 138
(2) This section shall not apply to (A) correctional facilities; (B) 139
designated smoking areas in psychiatric facilities; (C) public housing 140
projects, as defined in subsection (b) of section 21a-278a; (D) any 141
classroom where a demonstration of the use of an electronic nicotine 142
delivery system or vapor product is taking place as part of a medical or 143
scientific experiment or lesson; (E) any medical research site where the 144
use of an electronic nicotine delivery system or vapor product is integral 145
to the research being conducted; (F) establishments without a permit for 146
the sale of alcoholic liquor that sell electronic nicotine delivery systems, 147
vapor products or liquid nicotine containers on-site and allow their 148 Raised Bill No.
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customers to use such systems, products or containers on-site; (G) 149
smoking rooms provided by employers for employees, pursuant to 150
section 31-40q; (H) notwithstanding the provisions of subparagraph (E) 151
of subdivision (1) of this subsection, the outdoor portion of the premises 152
of any permittee listed in subparagraph (E) of subdivision (1) of this 153
subsection, provided, in the case of any seating area maintained for the 154
service of food, at least seventy-five per cent of the outdoor seating 155
capacity is an area in which smoking is prohibited and which is clearly 156
designated with written signage as a nonsmoking area, except that any 157
temporary seating area established for special events and not used on a 158
regular basis shall not be subject to the prohibition on the use of an 159
electronic nicotine delivery system or vapor product or the signage 160
requirements of this subparagraph; or (I) any tobacco bar, provided [no 161
tobacco bar shall expand in size or change its location from its size or 162
location as of October 1, 2015] a tobacco bar that first begins operating 163
on or after October 1, 2020, shall (i) be located in a stand-alone building, 164
(ii) have a walk-in humidor on the premises, (iii) not be located within 165
a three-mile radius of any existing tobacco bar, unless allowed pursuant 166
to municipal zoning, or (iv) if such tobacco bar is connected to another 167
building, use its own heating, ventilation or air conditioning system to 168
prevent the comingling of air. For purposes of this subdivision, 169
"outdoor" means an area which has no roof or other ceiling enclosure, 170
"tobacco bar" means an establishment with a permit for the sale of 171
alcoholic liquor to consumers issued pursuant to chapter 545 that, (I) in 172
the calendar year ending December 31, 2015, generated ten per cent or 173
more of its total annual gross income from the on-site sale of tobacco 174
products and the rental of on-site humidors, or (II) for any tobacco bar 175
that first begins operating on or after October 1, 2020, generates fifty-176
one per cent or more of its total annual gross income in a calendar year 177
from the on-site sale of tobacco products and the rental of on-site 178
humidors, and "tobacco product" means any substance that contains 179
tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or 180
chewing tobacco. 181
(c) The operator of a hotel, motel or similar lodging may allow guests 182
to use an electronic nicotine delivery system or vapor product in not 183 Raised Bill No.
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more than twenty-five per cent of the rooms offered as accommodations 184
to guests. 185
(d) In each room, elevator, area or building in which the use of an 186
electronic nicotine delivery system or vapor product is prohibited by 187
this section, the person in control of the premises shall post or cause to 188
be posted in a conspicuous place signs stating that such use is prohibited 189
by state law. Such signs, except in elevators, restaurants, establishments 190
with permits to sell alcoholic liquor to consumers issued pursuant to 191
chapter 545, hotels, motels or similar lodgings, and health care 192
institutions, shall have letters at least four inches high with the principal 193
strokes of letters not less than one-half inch wide. 194
(e) Any person found guilty of using an electronic nicotine delivery 195
system or vapor product in violation of this section, failure to post signs 196
as required by this section or the unauthorized removal of such signs 197
shall have committed an infraction. 198
(f) Nothing in this section shall be construed to require the 199
designation of any area for the use of electronic nicotine delivery system 200
or vapor product in any building. 201
(g) The provisions of this section shall supersede and preempt the 202
provisions of any municipal law or ordinance relative to the use of an 203
electronic nicotine delivery system or vapor product effective prior to, 204
on or after October 1, 2015. 205
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 19a-342
Sec. 2 October 1, 2020 19a-342a
Statement of Purpose:
To allow for the expansion, change in location and establishment of
tobacco bars. Raised Bill No.
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]