SLS 10RS-213 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 334
BY SENATOR MARIONNEAUX
ENVIRONMENTAL CONTROL. Provides relative to the Louisiana Smokefree Air Act.
(8/15/10)
AN ACT1
To amend and reenact R.S. 40:1300.253(1) and to repeal R.S. 40:1300.256(B)(5), relative2
to prohibiting smoking in certain places; to provide for definitions; to provide3
relative to exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:1300.253(1) is hereby amended and reenacted to read as follows:6
ยง1300.253. Definitions7
For the purposes of this Part, the following terms shall have the following8
meanings unless the context clearly indicates otherwise:9
(1) "Bar" means a business that holds a Class A-General retail permit and the10
primary purpose of such business is to serve alcoholic beverages for consumption by11
guests on the premises and in which the serving of food is only incidental to the12
consumption of those beverages, including but not limited to, taverns, nightclubs,13
cocktail lounges, and cabarets. For purposes of this Paragraph, "incidental" shall14
mean no more than ten percent of food items sold. 15
* * *16
Section 2. R.S. 40:1300.256(B)(5) is hereby repealed in its entirety.17 SB NO. 334
SLS 10RS-213 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Marionneaux (SB 334)
Present law defines a "bar" as a business that holds a Class A-General retail permit and
the primary purpose of such business is to serve alcoholic beverages for consumption by
guests on the premises and in which the serving of food is only incidental to the
consumption of those beverages, including but not limited to, taverns, nightclubs,
cocktail lounges, and cabarets.
Proposed law retains present law and further defines the term "incidental," for the
purposes of the definition of a "bar," as meaning no more than ten percent of food items
sold.
Present law provides for an exception to the prohibition of smoking in a public place or a
bar.
Proposed law repeals present law.
Effective August 15, 2010.
(Amends R.S. 40:1300.253(1); repeals R.S. 40:1300.256(B)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare
to the original bill.
1. Removes provision which prohibited smoking in any restaurant or bar if
food is served at any time.
2. Clarifies the term "incidental" as it is used for purposes of the definition of
a bar.
3. Removes provision which would have repealed the exception to the
prohibition of smoking for gaming establishments and outdoor patios
where food is served.