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General Assembly Raised Bill No. 5305
January Session, 2021
LCO No. 1097
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 Section 19a-342 of the general statutes is repealed and the 1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, 2021): 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 food 9
store; (D) in any restaurant; (E) in any area of an establishment with a 10
permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 11
30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 12
30-37e or 30-37f, in any area of an establishment with a permit for the 13
sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 14
2003, and, on and after April 1, 2004, in any area of an establishment 15 Raised Bill No. 5305
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with a permit issued for the sale of alcoholic liquor pursuant to section 16
30-22a or 30-26 or the bar area of a bowling establishment holding a 17
permit pursuant to subsection (a) of section 30-37c; (F) within a school 18
building or on the grounds of such school; (G) within a child care facility 19
or on the grounds of such child care facility, except, if the child care 20
facility is a family child care home, as defined in section 19a-77, such 21
smoking is prohibited only when a child enrolled in such home is 22
present; (H) in any passenger elevator, provided no person shall be 23
arrested for violating this subsection unless there is posted in such 24
elevator a sign which indicates that smoking is prohibited by state law; 25
(I) in any dormitory in any public or private institution of higher 26
education; or (J) on and after April 1, 2004, in any area of a dog race track 27
or a facility equipped with screens for the simulcasting of off-track 28
betting race programs or jai alai games. For purposes of this subsection, 29
"restaurant" means space, in a suitable and permanent building, kept, 30
used, maintained, advertised and held out to the public to be a place 31
where meals are regularly served to the public, "school" has the same 32
meaning as provided in section 10-154a and "child care facility" has the 33
same meaning as provided in section 19a-342a, as amended by this act. 34
(2) This section shall not apply to (A) correctional facilities; (B) 35
designated smoking areas in psychiatric facilities; (C) public housing 36
projects, as defined in subsection (b) of section 21a-278a; (D) any 37
classroom where demonstration smoking is taking place as part of a 38
medical or scientific experiment or lesson; (E) smoking rooms provided 39
by employers for employees, pursuant to section 31 -40q; (F) 40
notwithstanding the provisions of subparagraph (E) of subdivision (1) 41
of this subsection, the outdoor portion of the premises of any permittee 42
listed in subparagraph (E) of subdivision (1) of this subsection, 43
provided, in the case of any seating area maintained for the service of 44
food, at least seventy-five per cent of the outdoor seating capacity is an 45
area in which smoking is prohibited and which is clearly designated 46
with written signage as a nonsmoking area, except that any temporary 47
seating area established for special events and not used on a regular 48
basis shall not be subject to the smoking prohibition or signage 49 Raised Bill No. 5305
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requirements of this subparagraph; (G) any medical research site where 50
smoking is integral to the research being conducted; or (H) any tobacco 51
bar, provided [no tobacco bar shall expand in size or change its location 52
from its size or location as of December 31, 2002] a tobacco bar that first 53
begins operating on or after October 1, 2021, shall (i) be located in a 54
stand-alone building, (ii) have a walk-in humidor on the premises, (iii) 55
not be located within a five-mile radius of any existing tobacco bar, or 56
(iv) if such tobacco bar is connected to another building, use its own 57
heating, ventilation or air conditioning system to prevent the 58
comingling of air. For purposes of this subdivision, "outdoor" means an 59
area which has no roof or other ceiling enclosure, "tobacco bar" means 60
an establishment with a permit for the sale of alcoholic liquor to 61
consumers issued pursuant to chapter 545 that, (I) in the calendar year 62
ending December 31, 2002, generated ten per cent or more of its total 63
annual gross income from the on-site sale of tobacco products and the 64
rental of on-site humidors, or (II) for any tobacco bar that first begins 65
operating on or after October 1, 2021, generates fifty-one per cent or 66
more of its total annual gross income in a calendar year from the on-site 67
sale of tobacco products and the rental of on-site humidors, and "tobacco 68
product" means any substance that contains tobacco, including, but not 69
limited to, cigarettes, cigars, pipe tobacco or chewing tobacco. 70
(c) The operator of a hotel, motel or similar lodging may allow guests 71
to smoke in not more than twenty-five per cent of the rooms offered as 72
accommodations to guests. 73
(d) In each room, elevator, area or building in which smoking is 74
prohibited by this section, the person in control of the premises shall 75
post or cause to be posted in a conspicuous place signs stating that 76
smoking is prohibited by state law. Such signs, except in elevators, 77
restaurants, establishments with permits to sell alcoholic liquor to 78
consumers issued pursuant to chapter 545, hotels, motels or similar 79
lodgings, and health care institutions, shall have letters at least four 80
inches high with the principal strokes of letters not less than one-half 81
inch wide. 82 Raised Bill No. 5305
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(e) Any person found guilty of smoking in violation of this section, 83
failure to post signs as required by this section or the unauthorized 84
removal of such signs shall have committed an infraction. Nothing in 85
this section shall be construed to require the person in control of a 86
building to post such signs in every room of a building, provided such 87
signs are posted in a conspicuous place in such building. 88
(f) Nothing in this section shall be construed to require any smoking 89
area in any building. 90
(g) The provisions of this section shall supersede and preempt the 91
provisions of any municipal law or ordinance relative to smoking 92
effective prior to, on or after October 1, 1993. 93
Sec. 2. Section 19a-342a of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective October 1, 2021): 95
(a) As used in this section and section 2 of public act 15-206: 96
(1) "Child care facility" means a provider of child care services as 97
defined in section 19a-77, or a person or entity required to be licensed 98
under section 17a-145; 99
(2) "Electronic nicotine delivery system" has the same meaning as 100
provided in section 21a-415; 101
(3) "Liquid nicotine container" means a container that holds a liquid 102
substance containing nicotine that is sold, marketed or intended for use 103
in an electronic nicotine delivery system or vapor product, except 104
"liquid nicotine container" does not include such a container that is 105
prefilled and sealed by the manufacturer and not intended to be opened 106
by the consumer; and 107
(4) "Vapor product" has the same meaning as provided in section 21a-108
415. 109
(b) (1) No person shall use an electronic nicotine delivery system or 110
vapor product: (A) In any building or portion of a building owned and 111 Raised Bill No. 5305
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operated or leased and operated by the state or any political subdivision 112
thereof; (B) in any area of a health care institution; (C) in any area of a 113
retail food store; (D) in any restaurant; (E) in any area of an 114
establishment with a permit issued for the sale of alcoholic liquor 115
pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-116
28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 117
establishment with a permit issued for the sale of alcoholic liquor 118
pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 119
bowling establishment holding a permit pursuant to subsection (a) of 120
section 30-37c; (F) within a school building or on the grounds of such 121
school; (G) within a child care facility or on the grounds of such child 122
care facility, except, if the child care facility is a family child care home 123
as defined in section 19a-77, such use is prohibited only when a child 124
enrolled in such home is present; (H) in any passenger elevator, 125
provided no person shall be arrested for violating this subsection unless 126
there is posted in such elevator a sign which indicates that such use is 127
prohibited by state law; (I) in any dormitory in any public or private 128
institution of higher education; or (J) in any area of a dog race track or a 129
facility equipped with screens for the simulcasting of off-track betting 130
race programs or jai alai games. For purposes of this subsection, 131
"restaurant" means space, in a suitable and permanent building, kept, 132
used, maintained, advertised and held out to the public to be a place 133
where meals are regularly served to the public, and "school" has the 134
same meaning as provided in section 10-154a. 135
(2) This section shall not apply to (A) correctional facilities; (B) 136
designated smoking areas in psychiatric facilities; (C) public housing 137
projects, as defined in subsection (b) of section 21a-278a; (D) any 138
classroom where a demonstration of the use of an electronic nicotine 139
delivery system or vapor product is taking place as part of a medical or 140
scientific experiment or lesson; (E) any medical research site where the 141
use of an electronic nicotine delivery system or vapor product is integral 142
to the research being conducted; (F) establishments without a permit for 143
the sale of alcoholic liquor that sell electronic nicotine delivery systems, 144
vapor products or liquid nicotine containers on-site and allow their 145 Raised Bill No. 5305
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customers to use such systems, products or containers on-site; (G) 146
smoking rooms provided by employers for employees, pursuant to 147
section 31-40q; (H) notwithstanding the provisions of subparagraph (E) 148
of subdivision (1) of this subsection, the outdoor portion of the premises 149
of any permittee listed in subparagraph (E) of subdivision (1) of this 150
subsection, provided, in the case of any seating area maintained for the 151
service of food, at least seventy-five per cent of the outdoor seating 152
capacity is an area in which smoking is prohibited and which is clearly 153
designated with written signage as a nonsmoking area, except that any 154
temporary seating area established for special events and not used on a 155
regular basis shall not be subject to the prohibition on the use of an 156
electronic nicotine delivery system or vapor product or the signage 157
requirements of this subparagraph; or (I) any tobacco bar, provided [no 158
tobacco bar shall expand in size or change its location from its size or 159
location as of October 1, 2015] a tobacco bar that first begins operating 160
on or after October 1, 2021, shall (i) be located in a stand-alone building, 161
(ii) have a walk-in humidor on the premises, (iii) not be located within 162
a three-mile radius of any existing tobacco bar, unless allowed pursuant 163
to municipal zoning, or (iv) if such tobacco bar is connected to another 164
building, use its own heating, ventilation or air conditioning system to 165
prevent the comingling of air. For purposes of this subdivision, 166
"outdoor" means an area which has no roof or other ceiling enclosure, 167
"tobacco bar" means an establishment with a permit for the sale of 168
alcoholic liquor to consumers issued pursuant to chapter 545 that, (I) in 169
the calendar year ending December 31, 2015, generated ten per cent or 170
more of its total annual gross income from the on-site sale of tobacco 171
products and the rental of on-site humidors, or (II) for any tobacco bar 172
that first begins operating on or after October 1, 2021, generates fifty-173
one per cent or more of its total annual gross income in a calendar year 174
from the on-site sale of tobacco products and the rental of on-site 175
humidors, and "tobacco product" means any substance that contains 176
tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or 177
chewing tobacco. 178
(c) The operator of a hotel, motel or similar lodging may allow guests 179 Raised Bill No. 5305
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to use an electronic nicotine delivery system or vapor product in not 180
more than twenty-five per cent of the rooms offered as accommodations 181
to guests. 182
(d) In each room, elevator, area or building in which the use of an 183
electronic nicotine delivery system or vapor product is prohibited by 184
this section, the person in control of the premises shall post or cause to 185
be posted in a conspicuous place signs stating that such use is prohibited 186
by state law. Such signs, except in elevators, restaurants, establishments 187
with permits to sell alcoholic liquor to consumers issued pursuant to 188
chapter 545, hotels, motels or similar lodgings, and health care 189
institutions, shall have letters at least four inches high with the principal 190
strokes of letters not less than one-half inch wide. 191
(e) Any person found guilty of using an electronic nicotine delivery 192
system or vapor product in violation of this section, failure to post signs 193
as required by this section or the unauthorized removal of such signs 194
shall have committed an infraction. 195
(f) Nothing in this section shall be construed to require the 196
designation of any area for the use of electronic nicotine delivery system 197
or vapor product in any building. 198
(g) The provisions of this section shall supersede and preempt the 199
provisions of any municipal law or ordinance relative to the use of an 200
electronic nicotine delivery system or vapor product effective prior to, 201
on or after October 1, 2015. 202
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 19a-342
Sec. 2 October 1, 2021 19a-342a
Statement of Purpose:
To allow for the expansion, change in location and establishment of
tobacco bars. Raised Bill No. 5305
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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.]