Amendment ASA1-SB181

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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 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.

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

SB181-ASA1, s. 1 Section 1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).

SB181-ASA1, s. 2 Section 2. 101.123 (1) (ab) of the statutes is created to read:

SB181-ASA1,1,10 101.123 (1) (ab) "Bowling center" means premises on which one or more bowling lanes are located.

SB181-ASA1, s. 3 Section 3. 101.123 (1) (g) of the statutes is amended to read:

SB181-ASA1,2,4 101.123 (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.

SB181-ASA1, s. 4 Section 4. 101.123 (2) (c) of the statutes is repealed.

SB181-ASA1, s. 5 Section 5. 101.123 (2) (d) of the statutes is created to read:

SB181-ASA1,2,9 101.123 (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.

SB181-ASA1, s. 6 Section 6. 101.123 (3) (d) of the statutes is repealed.

SB181-ASA1, s. 7 Section 7. 101.123 (3) (dm) of the statutes is created to read:

SB181-ASA1,2,14 101.123 (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.

SB181-ASA1, s. 8 Section 8. 101.123 (3) (e) of the statutes is created to read:

SB181-ASA1,2,19 101.123 (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.

SB181-ASA1, s. 9 Section 9. 101.123 (3) (h) of the statutes is created to read:

SB181-ASA1,2,21 101.123 (3) (h) Bowling centers described under sub. (3m).

SB181-ASA1, s. 10 Section 10. 101.123 (3m) of the statutes is created to read:

SB181-ASA1,2,24 101.123 (3m) Bowling centers. (a) A bowling center meets the exception under sub. (3) (h) if all of the following apply:

SB181-ASA1,2,25 1. The bowling center is not primarily devoted to the sale of alcohol beverages.

SB181-ASA1,3,4 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.

SB181-ASA1,3,7 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.

SB181-ASA1,3,9 4. The bowling center establishes periods of time when smoking is prohibited sufficient to meet the reasonable customer demand for such periods.

SB181-ASA1,3,11 5. The bowling center provides to nonsmoking customers in a smoke-free area the same services that it provides to smoking customers.

SB181-ASA1,3,13 (b) Nothing in this subsection prohibits a bowling center from doing any of the following:

SB181-ASA1,3,16 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.

SB181-ASA1,3,19 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.

SB181-ASA1, s. 11 Section 11. 101.123 (4) (a) 1. of the statutes is amended to read:

SB181-ASA1,3,24 101.123 (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.

SB181-ASA1, s. 12 Section 12. 101.123 (4) (a) 2m. of the statutes is created to read:

SB181-ASA1,4,3 101.123 (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).

SB181-ASA1,4,4 (End)