Amendment SSA1-SB202

June 28, 2005 - Offered by Committee on Job Creation, Economic Development and Consumer Affairs.

SB202-SSA1,1,6 An Act to repeal 101.123 (2) (c) and 101.123 (3) (d); to renumber 101.123 (1) (a); to amend 101.123 (1) (g) and 101.123 (4) (a) 1.; and to create 101.123 (1) (ab), 101.123 (2) (d), 101.123 (3) (dm), 101.123 (3) (e), 101.123 (3) (h), 101.123 (3m) and 101.123 (4) (a) 2m. of the statutes; relating to: smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns.

Analysis by the Legislative Reference Bureau

Current law, with certain exceptions, prohibits smoking in enclosed, indoor areas within specified buildings and facilities, including restaurants with a capacity of more than 50 individuals. Among those places that are exempt from the prohibition are taverns holding a "Class B" intoxicating liquor license or Class "B" fermented malt beverage license issued by a municipality (liquor license) and restaurants holding a liquor license, if the sale of alcohol beverages accounts for more than 50 percent of the restaurant's receipts.

This substitute amendment eliminates the exemption that applies to restaurants holding a liqueur license and having alcohol beverage sales accounting for more than 50 percent of the restaurant's receipts. The substitute amendment also creates two new exemptions to the general prohibition against smoking in restaurants. Under the substitute amendment, the prohibition against smoking in restaurants does not apply to the bar area of a restaurant if the sale of food in the bar area is only incidental to the sale of alcohol beverages. It also does not apply to a separate room in a restaurant if the room has an independent ventilation system that is entirely separate from the rest of the restaurant.

Current law, with certain exceptions, authorizes a person in charge of any building or facility where smoking is prohibited to designate smoking areas within the building or facility. This substitute amendment provides that a person in charge of a restaurant may not designate an area of a restaurant as a smoking area unless smoking is otherwise allowed in that restaurant.

Current law does not prohibit smoking in bowling centers. This substitute amendment prohibits smoking in bowling centers unless the bowling center meets certain conditions. In order for the bowling center to be exempt from the general prohibition against smoking, the bowling center must not be primarily devoted to the sale of alcohol, must prohibit smoking on each bowling lane when the bowling center is holding youth league play, must have an adequate ventilation system, must establish periods of time when smoking is prohibited in the bowling center, and must provide the same service to nonsmoking customers in a smoke-free area that it provides to smoking customers.

Current law provides that a county, city, village, or town (local government) may enact ordinances and a school district may adopt policies that protect the health and comfort of the public if those ordinances or policies comply with the purpose of state laws regulating smoking. This substitute amendment specifies that a local government may not enact or enforce an ordinance or adopt or enforce a resolution regulating smoking unless the ordinance or resolution strictly conforms with state law.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB202-SSA1, s. 1 Section 1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).

SB202-SSA1, s. 2 Section 2. 101.123 (1) (ab) of the statutes is created to read:

SB202-SSA1,2,4 101.123 (1) (ab) "Bowling center" means premises on which one or more bowling lanes are located.

SB202-SSA1, s. 3 Section 3. 101.123 (1) (g) of the statutes is amended to read:

SB202-SSA1,3,2 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.

SB202-SSA1, s. 4 Section 4. 101.123 (2) (c) of the statutes is repealed.

SB202-SSA1, s. 5 Section 5. 101.123 (2) (d) of the statutes is created to read:

SB202-SSA1,3,7 101.123 (2) (d) A county, city, village, or town may not enact or enforce an ordinance or adopt or enforce a resolution regulating smoking unless the ordinance or resolution strictly conforms with this section.

SB202-SSA1, s. 6 Section 6. 101.123 (3) (d) of the statutes is repealed.

SB202-SSA1, s. 7 Section 7. 101.123 (3) (dm) of the statutes is created to read:

SB202-SSA1,3,12 101.123 (3) (dm) A separate room in a restaurant if the room has an independent ventilation system that is entirely separate from the rest of the restaurant.

SB202-SSA1, s. 8 Section 8. 101.123 (3) (e) of the statutes is created to read:

SB202-SSA1,3,17 101.123 (3) (e) The bar area of a restaurant where alcohol beverages are sold for consumption on the premises if the bar area includes a counter with seating for customers and food is served in that area only incidental to the serving of alcohol beverages.

SB202-SSA1, s. 9 Section 9. 101.123 (3) (h) of the statutes is created to read:

SB202-SSA1,3,19 101.123 (3) (h) Bowling centers described under sub. (3m).

SB202-SSA1, s. 10 Section 10. 101.123 (3m) of the statutes is created to read:

SB202-SSA1,3,22 101.123 (3m) Bowling centers. (a) A bowling center meets the exception under sub. (3) (h) if all of the following apply:

SB202-SSA1,3,23 1. The bowling center is not primarily devoted to the sale of alcohol beverages.

SB202-SSA1,4,2 2. The bowling center prohibits smoking on each bowling lane, including the approach to each bowling lane, and in the concourse area of the bowling center, if any, during any time when the bowling center is holding league play for persons under 18 years of age.

SB202-SSA1,4,5 3. The ventilation system in the bowling center is adequate to ventilate the premises and to prevent effectively, to the maximum extent practicable, tobacco smoke from entering any area where smoking is prohibited under this paragraph.

SB202-SSA1,4,7 4. The bowling center establishes periods of time when smoking is prohibited sufficient to meet the reasonable customer demand for such periods.

SB202-SSA1,4,9 5. The bowling center provides to nonsmoking customers in a smoke-free area the same services that it provides to smoking customers.

SB202-SSA1,4,11 (b) Nothing in this subsection prohibits a bowling center from doing any of the following:

SB202-SSA1,4,14 1. Designating an area, including an entire room, of the bowling center as a smoking area if the bowling center posts notice of the designation of a smoking area in or near the area designated.

SB202-SSA1,4,17 2. Allowing smoking in the entire bowling center, or an entire room of the bowling center, for a limited period of time during which the room or bowling center is being used exclusively for a private function.

SB202-SSA1, s. 11 Section 11. 101.123 (4) (a) 1. of the statutes is amended to read:

SB202-SSA1,4,22 101.123 (4) (a) 1. Except as provided in subd. subds. 2. and 2m., a person in charge or his or her agent may designate smoking areas in the places where smoking is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution prohibits smoking.

SB202-SSA1, s. 12 Section 12. 101.123 (4) (a) 2m. of the statutes is created to read:

SB202-SSA1,5,3 101.123 (4) (a) 2m. A person in charge or his or her agent may not designate an area of a restaurant as a smoking area. This subdivision does not apply to places described under sub. (3) (c), (dm), or (e).

SB202-SSA1,5,4 (End)