LRBs0149/1
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 202
June 28, 2005 - Offered by Committee on Job Creation, Economic Development
and Consumer Affairs
.
SB202-SSA1,1,6 1An Act to repeal 101.123 (2) (c) and 101.123 (3) (d); to renumber 101.123 (1)
2(a); to amend 101.123 (1) (g) and 101.123 (4) (a) 1.; and to create 101.123 (1)
3(ab), 101.123 (2) (d), 101.123 (3) (dm), 101.123 (3) (e), 101.123 (3) (h), 101.123
4(3m) and 101.123 (4) (a) 2m. of the statutes; relating to: smoking in
5restaurants and bowling centers and the regulation of smoking by counties,
6cities, villages, and towns.
Analysis by the Legislative Reference Bureau
Current law, with certain exceptions, prohibits smoking in enclosed, indoor
areas within specified buildings and facilities, including restaurants with a capacity
of more than 50 individuals. Among those places that are exempt from the
prohibition are taverns holding a "Class B" intoxicating liquor license or Class "B"
fermented malt beverage license issued by a municipality (liquor license) and
restaurants holding a liquor license, if the sale of alcohol beverages accounts for more
than 50 percent of the restaurant's receipts.
This substitute amendment eliminates the exemption that applies to
restaurants holding a liqueur license and having alcohol beverage sales accounting
for more than 50 percent of the restaurant's receipts. The substitute amendment also
creates two new exemptions to the general prohibition against smoking in

restaurants. Under the substitute amendment, the prohibition against smoking in
restaurants does not apply to the bar area of a restaurant if the sale of food in the
bar area is only incidental to the sale of alcohol beverages. It also does not apply to
a separate room in a restaurant if the room has an independent ventilation system
that is entirely separate from the rest of the restaurant.
Current law, with certain exceptions, authorizes a person in charge of any
building or facility where smoking is prohibited to designate smoking areas within
the building or facility. This substitute amendment provides that a person in charge
of a restaurant may not designate an area of a restaurant as a smoking area unless
smoking is otherwise allowed in that restaurant.
Current law does not prohibit smoking in bowling centers. This substitute
amendment prohibits smoking in bowling centers unless the bowling center meets
certain conditions. In order for the bowling center to be exempt from the general
prohibition against smoking, the bowling center must not be primarily devoted to the
sale of alcohol, must prohibit smoking on each bowling lane when the bowling center
is holding youth league play, must have an adequate ventilation system, must
establish periods of time when smoking is prohibited in the bowling center, and must
provide the same service to nonsmoking customers in a smoke-free area that it
provides to smoking customers.
Current law provides that a county, city, village, or town (local government)
may enact ordinances and a school district may adopt policies that protect the health
and comfort of the public if those ordinances or policies comply with the purpose of
state laws regulating smoking. This substitute amendment specifies that a local
government may not enact or enforce an ordinance or adopt or enforce a resolution
regulating smoking unless the ordinance or resolution strictly conforms with state
law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB202-SSA1, s. 1 1Section 1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
SB202-SSA1, s. 2 2Section 2. 101.123 (1) (ab) of the statutes is created to read:
SB202-SSA1,2,43 101.123 (1) (ab) "Bowling center" means premises on which one or more
4bowling lanes are located.
SB202-SSA1, s. 3 5Section 3. 101.123 (1) (g) of the statutes is amended to read:
SB202-SSA1,3,26 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
7sales is the principal business conducted, except a tavern operating under a "Class

1B" intoxicating liquor license or Class "B" fermented malt beverages license, and
2except bowling centers
.
SB202-SSA1, s. 4 3Section 4. 101.123 (2) (c) of the statutes is repealed.
SB202-SSA1, s. 5 4Section 5. 101.123 (2) (d) of the statutes is created to read:
SB202-SSA1,3,75 101.123 (2) (d) A county, city, village, or town may not enact or enforce an
6ordinance or adopt or enforce a resolution regulating smoking unless the ordinance
7or resolution strictly conforms with this section.
SB202-SSA1, s. 6 8Section 6. 101.123 (3) (d) of the statutes is repealed.
SB202-SSA1, s. 7 9Section 7. 101.123 (3) (dm) of the statutes is created to read:
SB202-SSA1,3,1210 101.123 (3) (dm) A separate room in a restaurant if the room has an
11independent ventilation system that is entirely separate from the rest of the
12restaurant.
SB202-SSA1, s. 8 13Section 8. 101.123 (3) (e) of the statutes is created to read:
SB202-SSA1,3,1714 101.123 (3) (e) The bar area of a restaurant where alcohol beverages are sold
15for consumption on the premises if the bar area includes a counter with seating for
16customers and food is served in that area only incidental to the serving of alcohol
17beverages.
SB202-SSA1, s. 9 18Section 9. 101.123 (3) (h) of the statutes is created to read:
SB202-SSA1,3,1919 101.123 (3) (h) Bowling centers described under sub. (3m).
SB202-SSA1, s. 10 20Section 10. 101.123 (3m) of the statutes is created to read:
SB202-SSA1,3,2221 101.123 (3m) Bowling centers. (a) A bowling center meets the exception
22under sub. (3) (h) if all of the following apply:
SB202-SSA1,3,2323 1. The bowling center is not primarily devoted to the sale of alcohol beverages.
SB202-SSA1,4,224 2. The bowling center prohibits smoking on each bowling lane, including the
25approach to each bowling lane, and in the concourse area of the bowling center, if any,

1during any time when the bowling center is holding league play for persons under
218 years of age.
SB202-SSA1,4,53 3. The ventilation system in the bowling center is adequate to ventilate the
4premises and to prevent effectively, to the maximum extent practicable, tobacco
5smoke from entering any area where smoking is prohibited under this paragraph.
SB202-SSA1,4,76 4. The bowling center establishes periods of time when smoking is prohibited
7sufficient to meet the reasonable customer demand for such periods.
SB202-SSA1,4,98 5. The bowling center provides to nonsmoking customers in a smoke-free area
9the same services that it provides to smoking customers.
SB202-SSA1,4,1110 (b) Nothing in this subsection prohibits a bowling center from doing any of the
11following:
SB202-SSA1,4,1412 1. Designating an area, including an entire room, of the bowling center as a
13smoking area if the bowling center posts notice of the designation of a smoking area
14in or near the area designated.
SB202-SSA1,4,1715 2. Allowing smoking in the entire bowling center, or an entire room of the
16bowling center, for a limited period of time during which the room or bowling center
17is being used exclusively for a private function.
SB202-SSA1, s. 11 18Section 11. 101.123 (4) (a) 1. of the statutes is amended to read:
SB202-SSA1,4,2219 101.123 (4) (a) 1. Except as provided in subd. subds. 2. and 2m., a person in
20charge or his or her agent may designate smoking areas in the places where smoking
21is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution
22prohibits smoking.
SB202-SSA1, s. 12 23Section 12. 101.123 (4) (a) 2m. of the statutes is created to read:
SB202-SSA1,5,3
1101.123 (4) (a) 2m. A person in charge or his or her agent may not designate
2an area of a restaurant as a smoking area. This subdivision does not apply to places
3described under sub. (3) (c), (dm), or (e).
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