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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 2040 1 of 8 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 5297 |
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| 6 | 6 | | February Session, 2020 |
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| 7 | 7 | | LCO No. 2040 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on GENERAL LAW |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (GL) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING TO BACCO BARS. |
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| 20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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| 21 | 21 | | Assembly convened: |
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| 22 | 22 | | |
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| 23 | 23 | | Section 1. Section 19a-342 of the 2020 supplement to the general 1 |
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| 24 | 24 | | statutes is repealed and the following is substituted in lieu thereof 2 |
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| 25 | 25 | | (Effective October 1, 2020): 3 |
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| 26 | 26 | | (a) As used in this section, "smoke" or "smoking" means the lighting 4 |
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| 27 | 27 | | or carrying of a lighted cigarette, cigar, pipe or similar device. 5 |
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| 28 | 28 | | (b) (1) Notwithstanding the provisions of section 31-40q, no person 6 |
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| 29 | 29 | | shall smoke: (A) In any building or portion of a building, partially 7 |
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| 30 | 30 | | enclosed shelter on a rail platform or bus shelter owned and operated 8 |
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| 31 | 31 | | or leased and operated by the state or any political subdivision thereof; 9 |
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| 32 | 32 | | (B) in any area of a health care institution; (C) in any area of a retail food 10 |
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| 33 | 33 | | store; (D) in any restaurant; (E) in any area of an establishment with a 11 |
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| 34 | 34 | | permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 12 |
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| 35 | 35 | | 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 13 |
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| 36 | 36 | | 30-37e or 30-37f, in any area of an establishment with a permit for the 14 |
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| 37 | 37 | | sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 15 Raised Bill No. |
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| 38 | 38 | | |
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| 39 | 39 | | LCO No. 2040 2 of 8 |
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| 40 | 40 | | |
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| 41 | 41 | | 2003, and, on and after April 1, 2004, in any area of an establishment 16 |
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| 42 | 42 | | with a permit issued for the sale of alcoholic liquor pursuant to section 17 |
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| 43 | 43 | | 30-22a or 30-26 or the bar area of a bowling establishment holding a 18 |
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| 44 | 44 | | permit pursuant to subsection (a) of section 30-37c; (F) within a school 19 |
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| 45 | 45 | | building or on the grounds of such school; (G) within a child care facility 20 |
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| 46 | 46 | | or on the grounds of such child care facility, except, if the child care 21 |
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| 47 | 47 | | facility is a family child care home, as defined in section 19a-77, such 22 |
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| 48 | 48 | | smoking is prohibited only when a child enrolled in such home is 23 |
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| 49 | 49 | | present; (H) in any passenger elevator, provided no person shall be 24 |
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| 50 | 50 | | arrested for violating this subsection unless there is posted in such 25 |
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| 51 | 51 | | elevator a sign which indicates that smoking is prohibited by state law; 26 |
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| 52 | 52 | | (I) in any dormitory in any public or private institution of higher 27 |
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| 53 | 53 | | education; or (J) on and after April 1, 2004, in any area of a dog race track 28 |
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| 54 | 54 | | or a facility equipped with screens for the simulcasting of off-track 29 |
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| 55 | 55 | | betting race programs or jai alai games. For purposes of this subsection, 30 |
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| 56 | 56 | | "restaurant" means space, in a suitable and permanent building, kept, 31 |
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| 57 | 57 | | used, maintained, advertised and held out to the public to be a place 32 |
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| 58 | 58 | | where meals are regularly served to the public, "school" has the same 33 |
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| 59 | 59 | | meaning as provided in section 10-154a and "child care facility" has the 34 |
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| 60 | 60 | | same meaning as provided in section 19a-342a. 35 |
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| 61 | 61 | | (2) This section shall not apply to (A) correctional facilities; (B) 36 |
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| 62 | 62 | | designated smoking areas in psychiatric facilities; (C) public housing 37 |
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| 63 | 63 | | projects, as defined in subsection (b) of section 21a-278a; (D) any 38 |
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| 64 | 64 | | classroom where demonstration smoking is taking place as part of a 39 |
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| 65 | 65 | | medical or scientific experiment or lesson; (E) smoking rooms provided 40 |
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| 66 | 66 | | by employers for employees, pursuant to section 31 -40q; (F) 41 |
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| 67 | 67 | | notwithstanding the provisions of subparagraph (E) of subdivision (1) 42 |
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| 68 | 68 | | of this subsection, the outdoor portion of the premises of any permittee 43 |
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| 69 | 69 | | listed in subparagraph (E) of subdivision (1) of this subsection, 44 |
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| 70 | 70 | | provided, in the case of any seating area maintained for the service of 45 |
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| 71 | 71 | | food, at least seventy-five per cent of the outdoor seating capacity is an 46 |
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| 72 | 72 | | area in which smoking is prohibited and which is clearly designated 47 |
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| 73 | 73 | | with written signage as a nonsmoking area, except that any temporary 48 |
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| 74 | 74 | | seating area established for special events and not used on a regular 49 |
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| 75 | 75 | | basis shall not be subject to the smoking prohibition or signage 50 Raised Bill No. |
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| 76 | 76 | | |
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| 77 | 77 | | LCO No. 2040 3 of 8 |
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| 78 | 78 | | |
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| 79 | 79 | | requirements of this subparagraph; (G) any medical research site where 51 |
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| 80 | 80 | | smoking is integral to the research being conducted; or (H) any tobacco 52 |
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| 81 | 81 | | bar, provided [no tobacco bar shall expand in size or change its location 53 |
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| 82 | 82 | | from its size or location as of December 31, 2002] a tobacco bar that first 54 |
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| 83 | 83 | | begins operating on or after October 1, 2020, shall (i) be located in a 55 |
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| 84 | 84 | | stand-alone building, (ii) have a walk-in humidor on the premises, (iii) 56 |
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| 85 | 85 | | not be located within a three-mile radius of any existing tobacco bar, 57 |
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| 86 | 86 | | unless allowed pursuant to municipal zoning, or (iv) if such tobacco bar 58 |
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| 87 | 87 | | is connected to another building, use its own heating, ventilation or air 59 |
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| 88 | 88 | | conditioning system to prevent the comingling of air. For purposes of 60 |
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| 89 | 89 | | this subdivision, "outdoor" means an area which has no roof or other 61 |
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| 90 | 90 | | ceiling enclosure, "tobacco bar" means an establishment with a permit 62 |
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| 91 | 91 | | for the sale of alcoholic liquor to consumers issued pursuant to chapter 63 |
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| 92 | 92 | | 545 that, (I) in the calendar year ending December 31, 2002, generated 64 |
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| 93 | 93 | | ten per cent or more of its total annual gross income from the on-site 65 |
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| 94 | 94 | | sale of tobacco products and the rental of on-site humidors, or (II) for 66 |
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| 95 | 95 | | any tobacco bar that first begins operating on or after October 1, 2020, 67 |
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| 96 | 96 | | generates fifty-one per cent or more of its total annual gross income in a 68 |
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| 97 | 97 | | calendar year from the on-site sale of tobacco products and the rental of 69 |
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| 98 | 98 | | on-site humidors, and "tobacco product" means any substance that 70 |
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| 99 | 99 | | contains tobacco, including, but not limited to, cigarettes, cigars, pipe 71 |
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| 100 | 100 | | tobacco or chewing tobacco. 72 |
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| 101 | 101 | | (c) The operator of a hotel, motel or similar lodging may allow guests 73 |
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| 102 | 102 | | to smoke in not more than twenty-five per cent of the rooms offered as 74 |
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| 103 | 103 | | accommodations to guests. 75 |
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| 104 | 104 | | (d) In each room, elevator, area or building in which smoking is 76 |
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| 105 | 105 | | prohibited by this section, the person in control of the premises shall 77 |
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| 106 | 106 | | post or cause to be posted in a conspicuous place signs stating that 78 |
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| 107 | 107 | | smoking is prohibited by state law. Such signs, except in elevators, 79 |
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| 108 | 108 | | restaurants, establishments with permits to sell alcoholic liquor to 80 |
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| 109 | 109 | | consumers issued pursuant to chapter 545, hotels, motels or similar 81 |
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| 110 | 110 | | lodgings, and health care institutions, shall have letters at least four 82 |
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| 111 | 111 | | inches high with the principal strokes of letters not less than one-half 83 |
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| 112 | 112 | | inch wide. 84 Raised Bill No. |
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| 113 | 113 | | |
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| 114 | 114 | | LCO No. 2040 4 of 8 |
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| 115 | 115 | | |
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| 116 | 116 | | (e) Any person found guilty of smoking in violation of this section, 85 |
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| 117 | 117 | | failure to post signs as required by this section or the unauthorized 86 |
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| 118 | 118 | | removal of such signs shall have committed an infraction. Nothing in 87 |
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| 119 | 119 | | this section shall be construed to require the person in control of a 88 |
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| 120 | 120 | | building to post such signs in every room of a building, provided such 89 |
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| 121 | 121 | | signs are posted in a conspicuous place in such building. 90 |
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| 122 | 122 | | (f) Nothing in this section shall be construed to require any smoking 91 |
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| 123 | 123 | | area in any building. 92 |
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| 124 | 124 | | (g) The provisions of this section shall supersede and preempt the 93 |
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| 125 | 125 | | provisions of any municipal law or ordinance relative to smoking 94 |
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| 126 | 126 | | effective prior to, on or after October 1, 1993. 95 |
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| 127 | 127 | | Sec. 2. Section 19a-342a of the 2020 supplement to the general statutes 96 |
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| 128 | 128 | | is repealed and the following is substituted in lieu thereof (Effective 97 |
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| 129 | 129 | | October 1, 2020): 98 |
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| 130 | 130 | | (a) As used in this section and section 2 of public act 15-206: 99 |
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| 131 | 131 | | (1) "Child care facility" means a provider of child care services as 100 |
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| 132 | 132 | | defined in section 19a-77, or a person or entity required to be licensed 101 |
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| 133 | 133 | | under section 17a-145; 102 |
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| 134 | 134 | | (2) "Electronic nicotine delivery system" has the same meaning as 103 |
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| 135 | 135 | | provided in section 21a-415; 104 |
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| 136 | 136 | | (3) "Liquid nicotine container" means a container that holds a liquid 105 |
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| 137 | 137 | | substance containing nicotine that is sold, marketed or intended for use 106 |
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| 138 | 138 | | in an electronic nicotine delivery system or vapor product, except 107 |
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| 139 | 139 | | "liquid nicotine container" does not include such a container that is 108 |
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| 140 | 140 | | prefilled and sealed by the manufacturer and not intended to be opened 109 |
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| 141 | 141 | | by the consumer; and 110 |
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| 142 | 142 | | (4) "Vapor product" has the same meaning as provided in section 21a-111 |
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| 143 | 143 | | 415. 112 |
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| 144 | 144 | | (b) (1) No person shall use an electronic nicotine delivery system or 113 Raised Bill No. |
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| 145 | 145 | | |
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| 146 | 146 | | LCO No. 2040 5 of 8 |
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| 147 | 147 | | |
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| 148 | 148 | | vapor product: (A) In any building or portion of a building owned and 114 |
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| 149 | 149 | | operated or leased and operated by the state or any political subdivision 115 |
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| 150 | 150 | | thereof; (B) in any area of a health care institution; (C) in any area of a 116 |
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| 151 | 151 | | retail food store; (D) in any restaurant; (E) in any area of an 117 |
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| 152 | 152 | | establishment with a permit issued for the sale of alcoholic liquor 118 |
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| 153 | 153 | | pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-119 |
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| 154 | 154 | | 28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 120 |
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| 155 | 155 | | establishment with a permit issued for the sale of alcoholic liquor 121 |
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| 156 | 156 | | pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 122 |
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| 157 | 157 | | bowling establishment holding a permit pursuant to subsection (a) of 123 |
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| 158 | 158 | | section 30-37c; (F) within a school building or on the grounds of such 124 |
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| 159 | 159 | | school; (G) within a child care facility or on the grounds of such child 125 |
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| 160 | 160 | | care facility, except, if the child care facility is a family child care home 126 |
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| 161 | 161 | | as defined in section 19a-77, such use is prohibited only when a child 127 |
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| 162 | 162 | | enrolled in such home is present; (H) in any passenger elevator, 128 |
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| 163 | 163 | | provided no person shall be arrested for violating this subsection unless 129 |
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| 164 | 164 | | there is posted in such elevator a sign which indicates that such use is 130 |
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| 165 | 165 | | prohibited by state law; (I) in any dormitory in any public or private 131 |
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| 166 | 166 | | institution of higher education; or (J) in any area of a dog race track or a 132 |
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| 167 | 167 | | facility equipped with screens for the simulcasting of off-track betting 133 |
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| 168 | 168 | | race programs or jai alai games. For purposes of this subsection, 134 |
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| 169 | 169 | | "restaurant" means space, in a suitable and permanent building, kept, 135 |
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| 170 | 170 | | used, maintained, advertised and held out to the public to be a place 136 |
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| 171 | 171 | | where meals are regularly served to the public, and "school" has the 137 |
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| 172 | 172 | | same meaning as provided in section 10-154a. 138 |
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| 173 | 173 | | (2) This section shall not apply to (A) correctional facilities; (B) 139 |
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| 174 | 174 | | designated smoking areas in psychiatric facilities; (C) public housing 140 |
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| 175 | 175 | | projects, as defined in subsection (b) of section 21a-278a; (D) any 141 |
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| 176 | 176 | | classroom where a demonstration of the use of an electronic nicotine 142 |
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| 177 | 177 | | delivery system or vapor product is taking place as part of a medical or 143 |
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| 178 | 178 | | scientific experiment or lesson; (E) any medical research site where the 144 |
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| 179 | 179 | | use of an electronic nicotine delivery system or vapor product is integral 145 |
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| 180 | 180 | | to the research being conducted; (F) establishments without a permit for 146 |
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| 181 | 181 | | the sale of alcoholic liquor that sell electronic nicotine delivery systems, 147 |
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| 182 | 182 | | vapor products or liquid nicotine containers on-site and allow their 148 Raised Bill No. |
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| 183 | 183 | | |
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| 184 | 184 | | LCO No. 2040 6 of 8 |
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| 185 | 185 | | |
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| 186 | 186 | | customers to use such systems, products or containers on-site; (G) 149 |
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| 187 | 187 | | smoking rooms provided by employers for employees, pursuant to 150 |
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| 188 | 188 | | section 31-40q; (H) notwithstanding the provisions of subparagraph (E) 151 |
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| 189 | 189 | | of subdivision (1) of this subsection, the outdoor portion of the premises 152 |
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| 190 | 190 | | of any permittee listed in subparagraph (E) of subdivision (1) of this 153 |
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| 191 | 191 | | subsection, provided, in the case of any seating area maintained for the 154 |
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| 192 | 192 | | service of food, at least seventy-five per cent of the outdoor seating 155 |
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| 193 | 193 | | capacity is an area in which smoking is prohibited and which is clearly 156 |
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| 194 | 194 | | designated with written signage as a nonsmoking area, except that any 157 |
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| 195 | 195 | | temporary seating area established for special events and not used on a 158 |
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| 196 | 196 | | regular basis shall not be subject to the prohibition on the use of an 159 |
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| 197 | 197 | | electronic nicotine delivery system or vapor product or the signage 160 |
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| 198 | 198 | | requirements of this subparagraph; or (I) any tobacco bar, provided [no 161 |
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| 199 | 199 | | tobacco bar shall expand in size or change its location from its size or 162 |
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| 200 | 200 | | location as of October 1, 2015] a tobacco bar that first begins operating 163 |
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| 201 | 201 | | on or after October 1, 2020, shall (i) be located in a stand-alone building, 164 |
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| 202 | 202 | | (ii) have a walk-in humidor on the premises, (iii) not be located within 165 |
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| 203 | 203 | | a three-mile radius of any existing tobacco bar, unless allowed pursuant 166 |
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| 204 | 204 | | to municipal zoning, or (iv) if such tobacco bar is connected to another 167 |
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| 205 | 205 | | building, use its own heating, ventilation or air conditioning system to 168 |
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| 206 | 206 | | prevent the comingling of air. For purposes of this subdivision, 169 |
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| 207 | 207 | | "outdoor" means an area which has no roof or other ceiling enclosure, 170 |
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| 208 | 208 | | "tobacco bar" means an establishment with a permit for the sale of 171 |
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| 209 | 209 | | alcoholic liquor to consumers issued pursuant to chapter 545 that, (I) in 172 |
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| 210 | 210 | | the calendar year ending December 31, 2015, generated ten per cent or 173 |
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| 211 | 211 | | more of its total annual gross income from the on-site sale of tobacco 174 |
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| 212 | 212 | | products and the rental of on-site humidors, or (II) for any tobacco bar 175 |
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| 213 | 213 | | that first begins operating on or after October 1, 2020, generates fifty-176 |
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| 214 | 214 | | one per cent or more of its total annual gross income in a calendar year 177 |
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| 215 | 215 | | from the on-site sale of tobacco products and the rental of on-site 178 |
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| 216 | 216 | | humidors, and "tobacco product" means any substance that contains 179 |
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| 217 | 217 | | tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or 180 |
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| 218 | 218 | | chewing tobacco. 181 |
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| 219 | 219 | | (c) The operator of a hotel, motel or similar lodging may allow guests 182 |
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| 220 | 220 | | to use an electronic nicotine delivery system or vapor product in not 183 Raised Bill No. |
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| 221 | 221 | | |
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| 222 | 222 | | LCO No. 2040 7 of 8 |
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| 223 | 223 | | |
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| 224 | 224 | | more than twenty-five per cent of the rooms offered as accommodations 184 |
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| 225 | 225 | | to guests. 185 |
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| 226 | 226 | | (d) In each room, elevator, area or building in which the use of an 186 |
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| 227 | 227 | | electronic nicotine delivery system or vapor product is prohibited by 187 |
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| 228 | 228 | | this section, the person in control of the premises shall post or cause to 188 |
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| 229 | 229 | | be posted in a conspicuous place signs stating that such use is prohibited 189 |
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| 230 | 230 | | by state law. Such signs, except in elevators, restaurants, establishments 190 |
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| 231 | 231 | | with permits to sell alcoholic liquor to consumers issued pursuant to 191 |
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| 232 | 232 | | chapter 545, hotels, motels or similar lodgings, and health care 192 |
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| 233 | 233 | | institutions, shall have letters at least four inches high with the principal 193 |
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| 234 | 234 | | strokes of letters not less than one-half inch wide. 194 |
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| 235 | 235 | | (e) Any person found guilty of using an electronic nicotine delivery 195 |
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| 236 | 236 | | system or vapor product in violation of this section, failure to post signs 196 |
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| 237 | 237 | | as required by this section or the unauthorized removal of such signs 197 |
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| 238 | 238 | | shall have committed an infraction. 198 |
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| 239 | 239 | | (f) Nothing in this section shall be construed to require the 199 |
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| 240 | 240 | | designation of any area for the use of electronic nicotine delivery system 200 |
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| 241 | 241 | | or vapor product in any building. 201 |
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| 242 | 242 | | (g) The provisions of this section shall supersede and preempt the 202 |
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| 243 | 243 | | provisions of any municipal law or ordinance relative to the use of an 203 |
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| 244 | 244 | | electronic nicotine delivery system or vapor product effective prior to, 204 |
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| 245 | 245 | | on or after October 1, 2015. 205 |
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| 246 | 246 | | This act shall take effect as follows and shall amend the following |
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| 247 | 247 | | sections: |
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| 248 | 248 | | |
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| 249 | 249 | | Section 1 October 1, 2020 19a-342 |
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| 250 | 250 | | Sec. 2 October 1, 2020 19a-342a |
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| 251 | 251 | | |
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| 252 | 252 | | Statement of Purpose: |
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| 253 | 253 | | To allow for the expansion, change in location and establishment of |
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| 254 | 254 | | tobacco bars. Raised Bill No. |
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| 255 | 255 | | |
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| 256 | 256 | | LCO No. 2040 8 of 8 |
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| 257 | 257 | | |
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| 258 | 258 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 259 | 259 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 260 | 260 | | underlined.] |
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| 261 | 261 | | |
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