April 27, 2005 - Introduced by Representatives Schneider and Lehman,
cosponsored by Senator Darling. Referred to Committee on State Affairs.
AB372,1,4
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.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in enclosed, indoor areas within specified
buildings and facilities, including offices, retail establishments, other than taverns
and bowling centers, and certain restaurants with a capacity of more than 50
individuals. However, with certain exceptions, current law authorizes a person in
charge of any building or facility where smoking is prohibited to designate smoking
areas within the building or facility. Current law also allows smoking in any
restaurant holding a "Class B" intoxicating liquor license or Class "B" fermented
malt beverage license, issued by a municipality, if the sale of alcohol beverages
accounts for more than 50 percent of the restaurant's receipts.
This bill expands the prohibition against smoking to prohibit smoking in all
indoor and outdoor areas of restaurants and taverns, regardless of capacity. The bill
also eliminates the authority of a person in charge of a restaurant, tavern, or office
to designate a smoking area in any of those places.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB372, s. 1
1Section
1. 101.123 (1) (f) of the statutes is amended to read:
AB372,2,32
101.123
(1) (f) "Restaurant" means an establishment defined in s. 254.61 (5)
3with a seating capacity of more than 50 persons.
AB372, s. 2
4Section
2. 101.123 (1) (g) of the statutes is amended to read:
AB372,2,85
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
6sales is the principal business conducted,
except a tavern operating under a "Class
7B" intoxicating liquor license or Class "B" fermented malt beverages license, and 8except bowling centers.
AB372, s. 3
9Section
3. 101.123 (1) (im) of the statutes is created to read:
AB372,2,1110
101.123
(1) (im) "Tavern" means an establishment operating under a "Class B"
11intoxicating liquor license or Class "B" fermented malt beverages license.
AB372, s. 4
12Section
4. 101.123 (2) (a) 11. of the statutes is created to read:
AB372,2,1313
101.123
(2) (a) 11. Taverns.
AB372, s. 5
14Section
5. 101.123 (2) (b) of the statutes is amended to read:
AB372,2,1715
101.123
(2) (b) The prohibition in pars. (a) and (am) 1. applies only to enclosed,
16indoor areas
, except that the prohibition in par. (a) 7. and 11. applies to all indoor and
17outdoor areas of restaurants and taverns.
AB372, s. 6
18Section
6. 101.123 (3) (b) of the statutes is amended to read:
AB372,2,2019
101.123
(3) (b) Rooms
, other than offices, in which the main occupants are
20smokers, even if nonsmokers are periodically present in the
office or room.
AB372, s. 7
21Section
7. 101.123 (3) (d) of the statutes is repealed.
AB372, s. 8
22Section
8. 101.123 (3) (f) of the statutes is repealed.
AB372, s. 9
23Section
9. 101.123 (4) (a) 1. of the statutes is amended to read:
AB372,3,224
101.123
(4) (a) 1. Except as provided in
subd. subds. 2.
and 2m., a person in
25charge or his or her agent may designate smoking areas in the places where smoking
1is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution
2prohibits smoking.
AB372, s. 10
3Section
10. 101.123 (4) (a) 2m. of the statutes is created to read:
AB372,3,54
101.123
(4) (a) 2m. A person in charge or his or her agent may not designate
5any office or any indoor or outdoor area of a restaurant or a tavern as a smoking area.