Amendment SA1-AB725

LRBa2810/1

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2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO 2005 ASSEMBLY BILL 725

March 9, 2006 - Offered by Senators Breske, S. Fitzgerald, Decker and Taylor.

AB725-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB725-SA1,1,4 1. Page 1, line 3: after "violations" insert "smoking in restaurants and bowling centers and the regulation of smoking by counties, cities, villages, and towns".

AB725-SA1,1,5 2. Page 1, line 4: before that line insert:

AB725-SA1,1,6 " Section 1b. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).

AB725-SA1, s. 1c Section 1c. 101.123 (1) (ab) of the statutes is created to read:

AB725-SA1,1,9 101.123 (1) (ab) "Bowling center" means premises on which one or more bowling lanes are located.

AB725-SA1, s. 1d Section 1d. 101.123 (1) (f) of the statutes is amended to read:

AB725-SA1,1,12 101.123 (1) (f) "Restaurant" means an establishment defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB725-SA1, s. 1e Section 1e. 101.123 (1) (g) of the statutes is amended to read:

AB725-SA1,2,4 101.123 (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.

AB725-SA1, s. 1f Section 1f. 101.123 (2) (c) of the statutes is repealed.

AB725-SA1, s. 1g Section 1g. 101.123 (2) (d) of the statutes is created to read:

AB725-SA1,2,9 101.123 (2) (d) 1. Except as provided in subd. 2., 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.

AB725-SA1,2,13 2. An ordinance enacted by a county, city, village, or town that is in effect on the effective date of this subdivision .... [revisor inserts date], shall continue in effect but only to the extent that the ordinance imposes greater restrictions on smoking in restaurants and bowling centers.

AB725-SA1, s. 1h Section 1h. 101.123 (3) (e) of the statutes is created to read:

AB725-SA1,2,18 101.123 (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.

AB725-SA1, s. 1i Section 1i. 101.123 (3) (h) of the statutes is created to read:

AB725-SA1,2,20 101.123 (3) (h) Bowling centers described under sub. (3m).

AB725-SA1, s. 1j Section 1j. 101.123 (3m) of the statutes is created to read:

AB725-SA1,2,23 101.123 (3m) Bowling centers. (a) A bowling center meets the exception under sub. (3) (h) if all of the following apply:

AB725-SA1,2,24 1. The bowling center is not primarily devoted to the sale of alcohol beverages.

AB725-SA1,3,4 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.

AB725-SA1,3,7 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.

AB725-SA1,3,9 4. The bowling center establishes periods of time when smoking is prohibited sufficient to meet the reasonable customer demand for such periods.

AB725-SA1,3,11 5. The bowling center provides to nonsmoking customers in a smoke-free area the same services that it provides to smoking customers.

AB725-SA1,3,13 (b) Nothing in this subsection prohibits a bowling center from doing any of the following:

AB725-SA1,3,16 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.

AB725-SA1,3,19 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.

AB725-SA1, s. 1k Section 1k. 101.123 (4) (a) 1. of the statutes is amended to read:

AB725-SA1,3,24 101.123 (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.

AB725-SA1, s. 1m Section 1m. 101.123 (4) (a) 2m. of the statutes is created to read:

AB725-SA1,4,3 101.123 (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), (d), or (e).".

AB725-SA1,4,4 3. Page 1, line 4: substitute "Section 1s" for "Section 1".

AB725-SA1,4,5 (End)