Connecticut 2021 Regular Session

Connecticut House Bill HB05305 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 5305
8	6		January Session, 2021
9	7		LCO No. 1097
10	8
11	9
12	10		Referred to Committee on GENERAL LAW
13	11
14	12
15	13		Introduced by:
16	14		(GL)
	15	+
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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 Section 19a-342 of the general statutes is repealed and the 1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, 2021): 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 food 9
33	32		store; (D) in any restaurant; (E) in any area of an establishment with a 10
34	33		permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 11
35	34		30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 12
36	35		30-37e or 30-37f, in any area of an establishment with a permit for the 13
37	36		sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 14
38	37		2003, and, on and after April 1, 2004, in any area of an establishment 15 Raised Bill No. 5305
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40	39
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45	43		with a permit issued for the sale of alcoholic liquor pursuant to section 16
46	44		30-22a or 30-26 or the bar area of a bowling establishment holding a 17
47	45		permit pursuant to subsection (a) of section 30-37c; (F) within a school 18
48	46		building or on the grounds of such school; (G) within a child care facility 19
49	47		or on the grounds of such child care facility, except, if the child care 20
50	48		facility is a family child care home, as defined in section 19a-77, such 21
51	49		smoking is prohibited only when a child enrolled in such home is 22
52	50		present; (H) in any passenger elevator, provided no person shall be 23
53	51		arrested for violating this subsection unless there is posted in such 24
54	52		elevator a sign which indicates that smoking is prohibited by state law; 25
55	53		(I) in any dormitory in any public or private institution of higher 26
56	54		education; or (J) on and after April 1, 2004, in any area of a dog race track 27
57	55		or a facility equipped with screens for the simulcasting of off-track 28
58	56		betting race programs or jai alai games. For purposes of this subsection, 29
59	57		"restaurant" means space, in a suitable and permanent building, kept, 30
60	58		used, maintained, advertised and held out to the public to be a place 31
61	59		where meals are regularly served to the public, "school" has the same 32
62	60		meaning as provided in section 10-154a and "child care facility" has the 33
63	61		same meaning as provided in section 19a-342a, as amended by this act. 34
64	62		(2) This section shall not apply to (A) correctional facilities; (B) 35
65	63		designated smoking areas in psychiatric facilities; (C) public housing 36
66	64		projects, as defined in subsection (b) of section 21a-278a; (D) any 37
67	65		classroom where demonstration smoking is taking place as part of a 38
68	66		medical or scientific experiment or lesson; (E) smoking rooms provided 39
69	67		by employers for employees, pursuant to section 31 -40q; (F) 40
70	68		notwithstanding the provisions of subparagraph (E) of subdivision (1) 41
71	69		of this subsection, the outdoor portion of the premises of any permittee 42
72	70		listed in subparagraph (E) of subdivision (1) of this subsection, 43
73	71		provided, in the case of any seating area maintained for the service of 44
74	72		food, at least seventy-five per cent of the outdoor seating capacity is an 45
75	73		area in which smoking is prohibited and which is clearly designated 46
76	74		with written signage as a nonsmoking area, except that any temporary 47
77	75		seating area established for special events and not used on a regular 48
78	76		basis shall not be subject to the smoking prohibition or signage 49 Raised Bill No. 5305
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85	82		requirements of this subparagraph; (G) any medical research site where 50
86	83		smoking is integral to the research being conducted; or (H) any tobacco 51
87	84		bar, provided [no tobacco bar shall expand in size or change its location 52
88	85		from its size or location as of December 31, 2002] a tobacco bar that first 53
89	86		begins operating on or after October 1, 2021, shall (i) be located in a 54
90	87		stand-alone building, (ii) have a walk-in humidor on the premises, (iii) 55
91	88		not be located within a five-mile radius of any existing tobacco bar, or 56
92	89		(iv) if such tobacco bar is connected to another building, use its own 57
93	90		heating, ventilation or air conditioning system to prevent the 58
94	91		comingling of air. For purposes of this subdivision, "outdoor" means an 59
95	92		area which has no roof or other ceiling enclosure, "tobacco bar" means 60
96	93		an establishment with a permit for the sale of alcoholic liquor to 61
97	94		consumers issued pursuant to chapter 545 that, (I) in the calendar year 62
98	95		ending December 31, 2002, generated ten per cent or more of its total 63
99	96		annual gross income from the on-site sale of tobacco products and the 64
100	97		rental of on-site humidors, or (II) for any tobacco bar that first begins 65
101	98		operating on or after October 1, 2021, generates fifty-one per cent or 66
102	99		more of its total annual gross income in a calendar year from the on-site 67
103	100		sale of tobacco products and the rental of on-site humidors, and "tobacco 68
104	101		product" means any substance that contains tobacco, including, but not 69
105	102		limited to, cigarettes, cigars, pipe tobacco or chewing tobacco. 70
106	103		(c) The operator of a hotel, motel or similar lodging may allow guests 71
107	104		to smoke in not more than twenty-five per cent of the rooms offered as 72
108	105		accommodations to guests. 73
109	106		(d) In each room, elevator, area or building in which smoking is 74
110	107		prohibited by this section, the person in control of the premises shall 75
111	108		post or cause to be posted in a conspicuous place signs stating that 76
112	109		smoking is prohibited by state law. Such signs, except in elevators, 77
113	110		restaurants, establishments with permits to sell alcoholic liquor to 78
114	111		consumers issued pursuant to chapter 545, hotels, motels or similar 79
115	112		lodgings, and health care institutions, shall have letters at least four 80
116	113		inches high with the principal strokes of letters not less than one-half 81
117	114		inch wide. 82 Raised Bill No. 5305
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124	120		(e) Any person found guilty of smoking in violation of this section, 83
125	121		failure to post signs as required by this section or the unauthorized 84
126	122		removal of such signs shall have committed an infraction. Nothing in 85
127	123		this section shall be construed to require the person in control of a 86
128	124		building to post such signs in every room of a building, provided such 87
129	125		signs are posted in a conspicuous place in such building. 88
130	126		(f) Nothing in this section shall be construed to require any smoking 89
131	127		area in any building. 90
132	128		(g) The provisions of this section shall supersede and preempt the 91
133	129		provisions of any municipal law or ordinance relative to smoking 92
134	130		effective prior to, on or after October 1, 1993. 93
135	131		Sec. 2. Section 19a-342a of the general statutes is repealed and the 94
136	132		following is substituted in lieu thereof (Effective October 1, 2021): 95
137	133		(a) As used in this section and section 2 of public act 15-206: 96
138	134		(1) "Child care facility" means a provider of child care services as 97
139	135		defined in section 19a-77, or a person or entity required to be licensed 98
140	136		under section 17a-145; 99
141	137		(2) "Electronic nicotine delivery system" has the same meaning as 100
142	138		provided in section 21a-415; 101
143	139		(3) "Liquid nicotine container" means a container that holds a liquid 102
144	140		substance containing nicotine that is sold, marketed or intended for use 103
145	141		in an electronic nicotine delivery system or vapor product, except 104
146	142		"liquid nicotine container" does not include such a container that is 105
147	143		prefilled and sealed by the manufacturer and not intended to be opened 106
148	144		by the consumer; and 107
149	145		(4) "Vapor product" has the same meaning as provided in section 21a-108
150	146		415. 109
151		-	(b) (1) No person shall use an electronic nicotine delivery system or 110 Raised Bill No. 5305
	147	+	(b) (1) No person shall use an electronic nicotine delivery system or 110
	148	+	vapor product: (A) In any building or portion of a building owned and 111 Raised Bill No. 5305
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158		-	vapor product: (A) In any building or portion of a building owned and 111
	152	+	LCO No. 1097 5 of 8
	153	+
159	154		operated or leased and operated by the state or any political subdivision 112
160	155		thereof; (B) in any area of a health care institution; (C) in any area of a 113
161	156		retail food store; (D) in any restaurant; (E) in any area of an 114
162	157		establishment with a permit issued for the sale of alcoholic liquor 115
163	158		pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22a, 30-22c, 30-26, 30-116
164	159		28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of 117
165	160		establishment with a permit issued for the sale of alcoholic liquor 118
166	161		pursuant to section 30-23 issued after May 1, 2003, or the bar area of a 119
167	162		bowling establishment holding a permit pursuant to subsection (a) of 120
168	163		section 30-37c; (F) within a school building or on the grounds of such 121
169	164		school; (G) within a child care facility or on the grounds of such child 122
170	165		care facility, except, if the child care facility is a family child care home 123
171	166		as defined in section 19a-77, such use is prohibited only when a child 124
172	167		enrolled in such home is present; (H) in any passenger elevator, 125
173	168		provided no person shall be arrested for violating this subsection unless 126
174	169		there is posted in such elevator a sign which indicates that such use is 127
175	170		prohibited by state law; (I) in any dormitory in any public or private 128
176	171		institution of higher education; or (J) in any area of a dog race track or a 129
177	172		facility equipped with screens for the simulcasting of off-track betting 130
178	173		race programs or jai alai games. For purposes of this subsection, 131
179	174		"restaurant" means space, in a suitable and permanent building, kept, 132
180	175		used, maintained, advertised and held out to the public to be a place 133
181	176		where meals are regularly served to the public, and "school" has the 134
182	177		same meaning as provided in section 10-154a. 135
183	178		(2) This section shall not apply to (A) correctional facilities; (B) 136
184	179		designated smoking areas in psychiatric facilities; (C) public housing 137
185	180		projects, as defined in subsection (b) of section 21a-278a; (D) any 138
186	181		classroom where a demonstration of the use of an electronic nicotine 139
187	182		delivery system or vapor product is taking place as part of a medical or 140
188	183		scientific experiment or lesson; (E) any medical research site where the 141
189	184		use of an electronic nicotine delivery system or vapor product is integral 142
190	185		to the research being conducted; (F) establishments without a permit for 143
191		-	the sale of alcoholic liquor that sell electronic nicotine delivery systems, 144 Raised Bill No. 5305
	186	+	the sale of alcoholic liquor that sell electronic nicotine delivery systems, 144
	187	+	vapor products or liquid nicotine containers on-site and allow their 145 Raised Bill No. 5305
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193	189
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198		-	vapor products or liquid nicotine containers on-site and allow their 145
	191	+	LCO No. 1097 6 of 8
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199	193		customers to use such systems, products or containers on-site; (G) 146
200	194		smoking rooms provided by employers for employees, pursuant to 147
201	195		section 31-40q; (H) notwithstanding the provisions of subparagraph (E) 148
202	196		of subdivision (1) of this subsection, the outdoor portion of the premises 149
203	197		of any permittee listed in subparagraph (E) of subdivision (1) of this 150
204	198		subsection, provided, in the case of any seating area maintained for the 151
205	199		service of food, at least seventy-five per cent of the outdoor seating 152
206	200		capacity is an area in which smoking is prohibited and which is clearly 153
207	201		designated with written signage as a nonsmoking area, except that any 154
208	202		temporary seating area established for special events and not used on a 155
209	203		regular basis shall not be subject to the prohibition on the use of an 156
210	204		electronic nicotine delivery system or vapor product or the signage 157
211	205		requirements of this subparagraph; or (I) any tobacco bar, provided [no 158
212	206		tobacco bar shall expand in size or change its location from its size or 159
213	207		location as of October 1, 2015] a tobacco bar that first begins operating 160
214	208		on or after October 1, 2021, shall (i) be located in a stand-alone building, 161
215	209		(ii) have a walk-in humidor on the premises, (iii) not be located within 162
216	210		a three-mile radius of any existing tobacco bar, unless allowed pursuant 163
217	211		to municipal zoning, or (iv) if such tobacco bar is connected to another 164
218	212		building, use its own heating, ventilation or air conditioning system to 165
219	213		prevent the comingling of air. For purposes of this subdivision, 166
220	214		"outdoor" means an area which has no roof or other ceiling enclosure, 167
221	215		"tobacco bar" means an establishment with a permit for the sale of 168
222	216		alcoholic liquor to consumers issued pursuant to chapter 545 that, (I) in 169
223	217		the calendar year ending December 31, 2015, generated ten per cent or 170
224	218		more of its total annual gross income from the on-site sale of tobacco 171
225	219		products and the rental of on-site humidors, or (II) for any tobacco bar 172
226	220		that first begins operating on or after October 1, 2021, generates fifty-173
227	221		one per cent or more of its total annual gross income in a calendar year 174
228	222		from the on-site sale of tobacco products and the rental of on-site 175
229	223		humidors, and "tobacco product" means any substance that contains 176
230	224		tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or 177
231		-	chewing tobacco. 178 Raised Bill No. 5305
	225	+	chewing tobacco. 178
	226	+	(c) The operator of a hotel, motel or similar lodging may allow guests 179 Raised Bill No. 5305
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238		-	(c) The operator of a hotel, motel or similar lodging may allow guests 179
	230	+	LCO No. 1097 7 of 8
	231	+
239	232		to use an electronic nicotine delivery system or vapor product in not 180
240	233		more than twenty-five per cent of the rooms offered as accommodations 181
241	234		to guests. 182
242	235		(d) In each room, elevator, area or building in which the use of an 183
243	236		electronic nicotine delivery system or vapor product is prohibited by 184
244	237		this section, the person in control of the premises shall post or cause to 185
245	238		be posted in a conspicuous place signs stating that such use is prohibited 186
246	239		by state law. Such signs, except in elevators, restaurants, establishments 187
247	240		with permits to sell alcoholic liquor to consumers issued pursuant to 188
248	241		chapter 545, hotels, motels or similar lodgings, and health care 189
249	242		institutions, shall have letters at least four inches high with the principal 190
250	243		strokes of letters not less than one-half inch wide. 191
251	244		(e) Any person found guilty of using an electronic nicotine delivery 192
252	245		system or vapor product in violation of this section, failure to post signs 193
253	246		as required by this section or the unauthorized removal of such signs 194
254	247		shall have committed an infraction. 195
255	248		(f) Nothing in this section shall be construed to require the 196
256	249		designation of any area for the use of electronic nicotine delivery system 197
257	250		or vapor product in any building. 198
258	251		(g) The provisions of this section shall supersede and preempt the 199
259	252		provisions of any municipal law or ordinance relative to the use of an 200
260	253		electronic nicotine delivery system or vapor product effective prior to, 201
261	254		on or after October 1, 2015. 202
262	255		This act shall take effect as follows and shall amend the following
263	256		sections:
264	257
265	258		Section 1 October 1, 2021 19a-342
266	259		Sec. 2 October 1, 2021 19a-342a
267	260
268		-	GL Joint Favorable
	261	+	Statement of Purpose:
	262	+	To allow for the expansion, change in location and establishment of
	263	+	tobacco bars. Raised Bill No. 5305
	264	+
	265	+
	266	+
	267	+	LCO No. 1097 8 of 8
	268	+
	269	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	270	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	271	+	underlined.]
269	272