101.123 (1) (gg) "Retail tobacco store" means a retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
12,25
Section
25. 101.123 (1) (gm) of the statutes is repealed.
12,26
Section
26. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:
101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
1. A lighted cigar,.
2. A lighted cigarette,.
3. A lighted pipe or any.
4. Any other lighted smoking equipment.
12,27
Section
27. 101.123 (1) (hm) of the statutes is created to read:
101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
12,28
Section
28. 101.123 (1) (i) of the statutes is amended to read:
101.123 (1) (i) "State institution" means a prison, a mental health institute, as defined in s. 51.01 (12)
or, a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06.
12,29
Section
29. 101.123 (1) (id) of the statutes is created to read:
101.123 (1) (id) "Substantial wall" means a wall with an opening that may be used to allow air in from the outside that is less than 25 percent of the wall's surface area.
12,30
Section
30. 101.123 (1) (im) of the statutes is created to read:
101.123 (1) (im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.
12,31
Section
31. 101.123 (1) (in) of the statutes is created to read:
101.123 (1) (in) "Tobacco bar" means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
12,32
Section
32. 101.123 (1) (io) of the statutes is created to read:
101.123 (1) (io) "Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
12,33
Section
33. 101.123 (1) (ip) of the statutes is created to read:
101.123 (1) (ip) "Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
12,34
Section
34. 101.123 (2) (title) of the statutes is repealed and recreated to read:
101.123 (2) (title) Prohibition against smoking.
12,35
Section
35. 101.123 (2) (a) (intro.) of the statutes is amended to read:
101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:
12,36
Section
36. 101.123 (2) (a) 1. of the statutes is repealed.
12,37
Section
37. 101.123 (2) (a) 1g. of the statutes is created to read:
101.123 (2) (a) 1g. The state capitol.
12,38
Section
38. 101.123 (2) (a) 1m. of the statutes is created to read:
101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a college or university.
12,39
Section
39. 101.123 (2) (a) 1r. of the statutes is created to read:
101.123 (2) (a) 1r. Day care centers.
12,40
Section
40. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
101.123 (2) (a) 4. Theaters.
12,41
Section
41. 101.123 (2) (a) 5. of the statutes is repealed.
12,42
Section
42. 101.123 (2) (a) 5m. of the statutes is created to read:
101.123 (2) (a) 5m. Correctional facilities.
12,43
Section
43. 101.123 (2) (a) 5t. of the statutes is created to read:
101.123 (2) (a) 5t. State institutions.
12,44
Section
44. 101.123 (2) (a) 6. of the statutes is repealed.
12,45
Section
45. 101.123 (2) (a) 7m. of the statutes is created to read:
101.123 (2) (a) 7m. Taverns.
12,46
Section
46. 101.123 (2) (a) 7r. of the statutes is created to read:
101.123 (2) (a) 7r. Private clubs.
12,47
Section
47. 101.123 (2) (a) 8d. of the statutes is created to read:
101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.
12,48
Section
48. 101.123 (2) (a) 8g. of the statutes is created to read:
101.123 (2) (a) 8g. Lodging establishments.
12,49
Section
49. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:
101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r., that are places of employment or that are public places.
12,50
Section
50. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:
101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city, village, or town building buildings.
12,51
Section
51. 101.123 (2) (am) of the statutes is repealed.
12,52
Section
52. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:
101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in In the immediate vicinity of the state capitol.
12,53
Section
53. 101.123 (2) (b) of the statutes is repealed.
12,54
Section
54. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:
101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke on Anywhere on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present.
12,55
Section
55. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:
101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 juvenile correctional facility or on Anywhere on the grounds of a Type 1 juvenile correctional facility.
12,56
Section
56. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:
101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke in A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.
12,57
Section
57. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m) and amended to read:
101.123 (4m) Local authority. This section does not limit the authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public. If a county, city, village. or town enacts an ordinance, or if a school district adopts a policy, regulating or prohibiting outside smoking in certain areas as authorized under this subsection, the ordinance may apply only to public property under the jurisdiction of the county, city, village, town, or school district. Such ordinance shall provide that the person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to the ordinance may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke. Such ordinance may not define the term "reasonable distance" or set any specified measured distance as being a "reasonable distance."
12,58
Section
58. 101.123 (2) (d) (intro.) of the statutes is created to read:
101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:
12,59
Section
59. 101.123 (2) (e) of the statutes is created to read:
101.123 (2) (e) No person may smoke in any of the following:
1. A sports arena.
2. A bus shelter.
3. A public conveyance.
12,60
Section
60. 101.123 (2m) of the statutes is created to read:
101.123 (2m) Responsibility of persons in charge. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge.
(b) A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.
(c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:
1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.
3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.
(d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
(e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.
12,61
Section
61. 101.123 (3) (intro.) of the statutes is amended to read:
101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:
12,62
Section
62. 101.123 (3) (a) to (gr) of the statutes are repealed.
12,63
Section
63. 101.123 (3) (h) of the statutes is created to read:
101.123 (3) (h) A private residence.
12,64
Section
64. 101.123 (3) (i) of the statutes is created to read:
101.123 (3) (i) A room used by only one person in an assisted living facility as his or her residence.
12,65
Section
65. 101.123 (3) (j) of the statutes is created to read:
