2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 414
June 23, 2005 - Offered by Representative Schneider.
AB414-ASA2,1,4 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414-ASA2, s. 1 5Section 1. 101.123 (1) (f) of the statutes is amended to read:
AB414-ASA2,1,76 101.123 (1) (f) "Restaurant" means an establishment defined in s. 254.61 (5)
7with a seating capacity of more than 50 persons.
AB414-ASA2, s. 2 8Section 2. 101.123 (1) (g) of the statutes is amended to read:
AB414-ASA2,1,129 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
10sales is the principal business conducted, except a tavern operating under a "Class
11B" intoxicating liquor license or Class "B" fermented malt beverages license, and

12except bowling centers.
AB414-ASA2, s. 3
1Section 3. 101.123 (1) (im) of the statutes is created to read:
AB414-ASA2,2,32 101.123 (1) (im) "Tavern" means an establishment operating under a "Class B"
3intoxicating liquor license or Class "B" fermented malt beverages license.
AB414-ASA2, s. 4 4Section 4. 101.123 (2) (a) 11. of the statutes is created to read:
AB414-ASA2,2,55 101.123 (2) (a) 11. Taverns.
AB414-ASA2, s. 5 6Section 5. 101.123 (2) (b) of the statutes is amended to read:
AB414-ASA2,2,97 101.123 (2) (b) The prohibition in pars. (a) and (am) 1. applies only to enclosed,
8indoor areas, except that the prohibition in par. (a) 7. and 11. applies to all indoor and
9outdoor areas of restaurants and taverns
.
AB414-ASA2, s. 6 10Section 6. 101.123 (3) (b) of the statutes is amended to read:
AB414-ASA2,2,1211 101.123 (3) (b) Rooms, other than offices, in which the main occupants are
12smokers, even if nonsmokers are periodically present in the office or room.
AB414-ASA2, s. 7 13Section 7. 101.123 (3) (d) of the statutes is repealed.
AB414-ASA2, s. 8 14Section 8. 101.123 (3) (f) of the statutes is repealed.
AB414-ASA2, s. 9 15Section 9. 101.123 (4) (a) 1. of the statutes is amended to read:
AB414-ASA2,2,1916 101.123 (4) (a) 1. Except as provided in subd. subds. 2. and 2m., a person in
17charge or his or her agent may designate smoking areas in the places where smoking
18is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution
19prohibits smoking.
AB414-ASA2, s. 10 20Section 10. 101.123 (4) (a) 2m. of the statutes is created to read:
AB414-ASA2,2,2221 101.123 (4) (a) 2m. A person in charge or his or her agent may not designate
22any office or any indoor or outdoor area of a restaurant or a tavern as a smoking area.
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