LRBs0151/1
RNK:jld&wlj:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 414
June 23, 2005 - Offered by Representative Schneider.
AB414-ASA2,1,4
1An Act to repeal 101.123 (3) (d) and 101.123 (3) (f);
to amend 101.123 (1) (f),
2101.123 (1) (g), 101.123 (2) (b), 101.123 (3) (b) and 101.123 (4) (a) 1.; and
to
3create 101.123 (1) (im), 101.123 (2) (a) 11. and 101.123 (4) (a) 2m. of the
4statutes;
relating to: smoking in restaurants, taverns, and offices.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414-ASA2, s. 1
5Section
1. 101.123 (1) (f) of the statutes is amended to read:
AB414-ASA2,1,76
101.123
(1) (f) "Restaurant" means an establishment defined in s. 254.61 (5)
7with a seating capacity of more than 50 persons.
AB414-ASA2, s. 2
8Section
2. 101.123 (1) (g) of the statutes is amended to read:
AB414-ASA2,1,129
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
10sales is the principal business conducted
, except a tavern operating under a "Class
11B" intoxicating liquor license or Class "B" fermented malt beverages license, and 12except bowling centers.
AB414-ASA2, s. 3
1Section
3. 101.123 (1) (im) of the statutes is created to read:
AB414-ASA2,2,32
101.123
(1) (im) "Tavern" means an establishment operating under a "Class B"
3intoxicating liquor license or Class "B" fermented malt beverages license.
AB414-ASA2, s. 4
4Section
4. 101.123 (2) (a) 11. of the statutes is created to read:
AB414-ASA2,2,55
101.123
(2) (a) 11. Taverns.
AB414-ASA2, s. 5
6Section
5. 101.123 (2) (b) of the statutes is amended to read:
AB414-ASA2,2,97
101.123
(2) (b) The prohibition in pars. (a) and (am) 1. applies only to enclosed,
8indoor areas
, except that the prohibition in par. (a) 7. and 11. applies to all indoor and
9outdoor areas of restaurants and taverns.
AB414-ASA2, s. 6
10Section
6. 101.123 (3) (b) of the statutes is amended to read:
AB414-ASA2,2,1211
101.123
(3) (b) Rooms
, other than offices, in which the main occupants are
12smokers, even if nonsmokers are periodically present in the
office or room.
AB414-ASA2, s. 9
15Section
9. 101.123 (4) (a) 1. of the statutes is amended to read:
AB414-ASA2,2,1916
101.123
(4) (a) 1. Except as provided in
subd. subds. 2.
and 2m., a person in
17charge or his or her agent may designate smoking areas in the places where smoking
18is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution
19prohibits smoking.
AB414-ASA2, s. 10
20Section
10. 101.123 (4) (a) 2m. of the statutes is created to read:
AB414-ASA2,2,2221
101.123
(4) (a) 2m. A person in charge or his or her agent may not designate
22any office or any indoor or outdoor area of a restaurant or a tavern as a smoking area.
