119681-1:n:03/04/2010:JRC/mfp LRS2010-1624
| SYNOPSIS: | This bill would prohibit smoking in restaurants in Alabama. |
To amend Sections 22-15A-3, 22-15A-5, and 22-15A-6, Code of Alabama 1975, relating to the Alabama Clean Indoor Air Act, to prohibit smoking in restaurants in Alabama.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-15A-3, 22-15A-5, and 22-15A-6, Code of Alabama 1975, are amended to read as follows:§22-15A-3.
"As used in this chapter, the following words and phrases shall have the following meanings:
"(1) BAR AND LOUNGE. Any establishment which is primarily devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
"(2) CHILD CARE FACILITY. Any facility caring for children.
"(3) DEPARTMENT. The Alabama Department of Public Health.
"(4) EMPLOYER. Any person, partnership, association, corporation, or nonprofit entity that employs five or more persons, including the legislative, executive, and judicial branches of state government; and any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.
"(5) GOVERNMENT BUILDING. Any building owned or operated by the state, including the legislative, executive, and judicial branches of state government; any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.
"(6) PUBLIC CONVEYANCE. A bus, taxi, train, trolley, boat, and any other means of public transit.
"(7) PUBLIC MEETING. Any meeting open to the public unless held in a private residence.
"(8) PUBLIC PLACE. Any enclosed area to which the public is permitted, including, but not limited to, auditoriums, elevators, hospitals, nursing homes, libraries, courtrooms, jury waiting rooms and deliberation rooms, theatres, museums, common areas of retirement homes, restaurants, laundromats, health facilities, educational facilities, shopping malls, government buildings, sports and recreational facilities, places of employment, airports, banks, retail stores, and service establishments. A private residence is not a "public place."
"(9) RESTAURANT. An enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption.
"(9)(10) SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
"(10)(11) SMOKING. The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.
"(11)(12) SMOKING AREA. Any designated area meeting the requirements of Section 22-15A-7.
§22-15A-5.
"(a) By December 1, 2003, each employer having an enclosed place of employment may adopt, implement, make known, and maintain a written smoking policy which shall contain at a minimum all of the following requirements:
"(1) Any employee in a place of employment shall have the right to designate his or her work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer.
"(2) Smoking shall be prohibited in all common work areas in a place of employment, unless a majority of the workers who work in that area agree that a smoking area will be designated.
"(b) The smoking policy shall be communicated to all employees within three weeks of its adoption. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
"(c) Notwithstanding any other provisions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.
"(d) The provisions of this section shall not apply to restaurants.
§22-15A-6.
"(a) Pursuant to this section, the person in charge of a public place may designate an area for the use of smokers. Notwithstanding the foregoing, a smoking area may not be designated and no person may smoke in any of the following unless the area is enclosed and well ventilated:
"(1) Child care facilities.
"(2) Hospitals, health care clinics, doctors' offices, physical therapy facilities, and dentists' offices.
"(3) Elevators.
"(4) Buses, taxicabs, and other means of public conveyance.
"(5) Government buildings, except private offices.
"(6) Restrooms.
"(7) Service lines.
"(8) Public areas of aquariums, galleries, libraries, and museums.
"(9) Lobbies, hallways, and other common areas in apartment buildings, senior citizen residences, nursing homes, and other multiple-unit residential facilities.
"(10) Polling places.
"(11) Schools or other school facilities or enclosed school sponsored events for grades K-12.
"(12) Retail establishments, excluding restaurants, except areas in retail establishments not open to the public.
"(13) Lobbies, hallways, and other common areas in multiple-unit commercial facilities.
"(14) Restaurants.
"(b) If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke, and no more than one-fourth of the total square footage in any public place within a single enclosed area shall be reserved and designated for smokers unless clientele dictates otherwise. No area designated as a smoking area shall contain common facilities which are expected to be used by the public. The provisions of this section relating to the designation of a smoking area shall not apply to a restaurant. There shall be no smoking in a restaurant.
"(c) Nothing in this section shall be construed to prevent any owner, operator, manager, or other person who controls any establishment or facility from declaring and enforcing a nonsmoking policy in the entire establishment or facility.
"(d) Notwithstanding any other provision of this section or this chapter, if any restaurant is deemed by its owner as being too small to have a designated smoking area, it shall be left up to the discretion of the owner if the facility will be a "smoking" or a "nonsmoking" facility."
Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.