LRBs0062/1
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2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 181
May 13, 2009 - Offered by Representatives Vukmir, Suder, Newcomer, Kramer,
Gunderson, Knodl, Vos and J. Ott.
SB181-ASA1,1,6
1An Act to repeal 101.123 (2) (c) and 101.123 (3) (d);
to renumber 101.123 (1)
2(a);
to amend 101.123 (1) (g) and 101.123 (4) (a) 1.; and
to create 101.123 (1)
3(ab), 101.123 (2) (d), 101.123 (3) (dm), 101.123 (3) (e), 101.123 (3) (h), 101.123
4(3m) and 101.123 (4) (a) 2m. of the statutes;
relating to: smoking in
5restaurants and bowling centers and the regulation of smoking by counties,
6cities, villages, and towns.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB181-ASA1, s. 1
7Section
1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
SB181-ASA1, s. 2
8Section
2. 101.123 (1) (ab) of the statutes is created to read:
SB181-ASA1,1,109
101.123
(1) (ab) "Bowling center" means premises on which one or more
10bowling lanes are located.
SB181-ASA1, s. 3
11Section
3. 101.123 (1) (g) of the statutes is amended to read:
SB181-ASA1,2,4
1101.123
(1) (g) "Retail establishment" means any store or shop in which retail
2sales is the principal business conducted, except a tavern operating under a "Class
3B" intoxicating liquor license or Class "B" fermented malt beverages license
, and
4except bowling centers.
SB181-ASA1, s. 5
6Section
5. 101.123 (2) (d) of the statutes is created to read:
SB181-ASA1,2,97
101.123
(2) (d) A county, city, village, or town may not enact or enforce an
8ordinance or adopt or enforce a resolution regulating smoking unless the ordinance
9or resolution strictly conforms with this section.
SB181-ASA1, s. 7
11Section
7. 101.123 (3) (dm) of the statutes is created to read:
SB181-ASA1,2,1412
101.123
(3) (dm) A separate room in a restaurant if the room has an
13independent ventilation system that is entirely separate from the rest of the
14restaurant.
SB181-ASA1, s. 8
15Section
8. 101.123 (3) (e) of the statutes is created to read:
SB181-ASA1,2,1916
101.123
(3) (e) The bar area of a restaurant where alcohol beverages are sold
17for consumption on the premises if the bar area includes a counter with seating for
18customers and food is served in that area only incidental to the serving of alcohol
19beverages.
SB181-ASA1, s. 9
20Section
9. 101.123 (3) (h) of the statutes is created to read:
SB181-ASA1,2,2121
101.123
(3) (h) Bowling centers described under sub. (3m).
SB181-ASA1,2,2423
101.123
(3m) Bowling centers. (a) A bowling center meets the exception
24under sub. (3) (h) if all of the following apply:
SB181-ASA1,2,2525
1. The bowling center is not primarily devoted to the sale of alcohol beverages.
SB181-ASA1,3,4
12. The bowling center prohibits smoking on each bowling lane, including the
2approach to each bowling lane, and in the concourse area of the bowling center, if any,
3during any time when the bowling center is holding league play for persons under
418 years of age.
SB181-ASA1,3,75
3. The ventilation system in the bowling center is adequate to ventilate the
6premises and to prevent effectively, to the maximum extent practicable, tobacco
7smoke from entering any area where smoking is prohibited under this paragraph.
SB181-ASA1,3,98
4. The bowling center establishes periods of time when smoking is prohibited
9sufficient to meet the reasonable customer demand for such periods.
SB181-ASA1,3,1110
5. The bowling center provides to nonsmoking customers in a smoke-free area
11the same services that it provides to smoking customers.
SB181-ASA1,3,1312
(b) Nothing in this subsection prohibits a bowling center from doing any of the
13following:
SB181-ASA1,3,1614
1. Designating an area, including an entire room, of the bowling center as a
15smoking area if the bowling center posts notice of the designation of a smoking area
16in or near the area designated.
SB181-ASA1,3,1917
2. Allowing smoking in the entire bowling center, or an entire room of the
18bowling center, for a limited period of time during which the room or bowling center
19is being used exclusively for a private function.
SB181-ASA1, s. 11
20Section
11. 101.123 (4) (a) 1. of the statutes is amended to read:
SB181-ASA1,3,2421
101.123
(4) (a) 1. Except as provided in
subd. subds. 2.
and 2m., a person in
22charge or his or her agent may designate smoking areas in the places where smoking
23is regulated under sub. (2) (a) unless a fire marshal
, law, ordinance or resolution 24prohibits smoking.
SB181-ASA1, s. 12
25Section
12. 101.123 (4) (a) 2m. of the statutes is created to read:
SB181-ASA1,4,3
1101.123
(4) (a) 2m. A person in charge or his or her agent may not designate
2an area of a restaurant as a smoking area. This subdivision does not apply to places
3described under sub. (3) (c), (dm), or (e).
