Bill Text: GA HB1420 | 2009-2010 | Regular Session | Introduced

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Bill Title: Health; prohibition of smoking in public places; enact new provisions

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-03-22 - House Second Readers [HB1420 Detail]

Download: Georgia-2009-HB1420-Introduced.html

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10 LC 14 0280

House Bill 1420

By: Representatives Drenner of the 86th and Benfield of the 85th

A BILL TO BE ENTITLED
AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal existing provisions relating to the prohibition of smoking in public places and to enact new provisions on such subject; to state legislative findings; to define terms; to prohibit smoking in state and local government buildings and vehicles; to prohibit smoking in bars and restaurants; to provide exceptions and conditions; to provide for criminal punishment; to authorize local governments to adopt more restrictive ordinances and policies and provide for punishment of violations of such ordinances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by repealing Chapter 12A, the "Georgia Smokefree Air Act of 2005," and by enacting a new Chapter 12A to read as follows:

"CHAPTER 12A

31-12A-1.

(a) The General Assembly finds that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers. In 2006, a report issued by the United States Surgeon General stated that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

(b) It is the intent of the General Assembly to protect the health of individuals in public places and places of employment and riding in state government vehicles from the risks related to secondhand smoke. It is further the intent of the General Assembly to allow local governments to adopt local laws governing smoking within their jurisdictions that are more restrictive than this chapter.

31-12A-2.

As used in this chapter, the term:

(1) 'Bar' means an establishment with a permit to sell alcoholic beverages for consumption on the premises in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

(2) 'Cigar bar' means an establishment with a permit to sell alcoholic beverages for consumption on the premises that:

(A) Generates 60 percent or more of its quarterly gross revenue from the sale of alcoholic beverages and 25 percent or more of its quarterly gross revenue from the sale of cigars;

(B) Has a humidor on the premises; and

(C) Does not allow individuals under the age of 21 to enter the premises.

Revenue generated from other tobacco sales shall not be used to determine whether an establishment meets the requirements of subparagraph (A) of this paragraph.

(3) 'Employee' means a person who is employed by an employer, who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer with or without compensation.

(4) 'Employer' means an individual person, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.

(5) 'Enclosed area' means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress.

(6) 'Grounds' means an unenclosed area owned, leased, or occupied by state or local government.

(7) 'Local government' means a local political subdivision of this state, a local authority, or an authority or body created by an ordinance, joint resolution, or rules of any such entity.

(8) 'Local government building' means a building owned or leased as lessor by a local government or the area of a building leased as lessee and occupied by a local government.

(9) 'Local government vehicle' means a passenger-carrying vehicle owned, leased, or otherwise controlled by a local government and assigned permanently or temporarily by that local government to local government employees, agencies, institutions, or facilities for official local government business.

(10) 'Lodging establishment' means an establishment that provides lodging for pay to the public.

(11) 'Private club' means a country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member's guest, and is either incorporated as a nonprofit corporation or is exempt from federal income tax as a nonprofit organization.

(12) 'Private residence' means a private dwelling that is not a child care facility and is not a nursing home or personal care home.

(13) 'Private vehicle' means a privately owned vehicle that is not used for commercial or employment purposes.

(14) 'Public place' means an enclosed area to which the public is invited or in which the public is permitted.

(15) 'Restaurant' means a food service establishment as defined in Code Section 26-2-370.

(16) 'Smoking' means the use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

(17) 'State government' includes all agencies and entities of the executive, judicial, and legislative branches of the government of this state.

(18) 'State government building' means a building owned or leased as lessor by state government or the area of a building leased as lessee and occupied by state government.

(19) 'State vehicle' means a passenger-carrying vehicle owned, leased, or otherwise controlled by the state government and assigned permanently or temporarily to a state employee or state agency or entity for official state business.

(20) 'Tobacco shop' means a business establishment, the main purpose of which is the sale of tobacco, tobacco products, and accessories for such products, that receives no less than 75 percent of its total annual revenues from the sale of tobacco, tobacco products, and accessories for such products and does not serve food or alcohol on its premises.

31-12A-3.

(a) Smoking is prohibited inside state government buildings except as provided in subsection (b) of this Code section.

(b) Smoking is permitted inside state government buildings that are used for medical or scientific research to the extent that smoking is an integral part of the research. Smoking permitted under this subsection shall be confined to the area where the research is being conducted.

(c) The individual in charge of each state government building or the individual's designee shall post signs in conspicuous areas of the building. The signs shall state 'Smoking is Prohibited' and may include the international 'No Smoking' symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. In addition, the individual in charge of the building or the individual's designee shall:

(1) Direct a person who is smoking inside the building to extinguish the lighted smoking product; and

(2) In a state psychiatric hospital, provide written notice to individuals upon admittance that smoking is prohibited inside the building and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.

(d) Smoking is prohibited inside state vehicles. The individual or the individual's designee in charge of assigning each state vehicle shall place one or more signs in conspicuous areas of the vehicle. The signs shall state 'Smoking is Prohibited' and may include the international 'No Smoking' symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle as provided in this subsection.

31-12A-4.

(a) Smoking is prohibited in all enclosed areas of restaurants and bars, except as provided in subsection (b) of this Code section.

(b) Smoking may be permitted in the following places:

(1) A designated smoking guest room in a lodging establishment, provided that no more than 20 percent of a lodging establishment's guest rooms may be designated smoking guest rooms.

(2) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter. A cigar bar that begins operation after July 1, 2010, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter. To qualify under this paragraph, the cigar bar must satisfactorily report on a quarterly basis to the Department of Revenue, on a form prescribed by that department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department of Revenue shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This paragraph shall not apply to any business that is established for the purpose of avoiding compliance with this chapter.

(3) A private club.

13-12A-5.

(a) A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall:

(1) Conspicuously post signs clearly stating that smoking is prohibited. The signs may include the international 'No Smoking' symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it;

(2) Remove all indoor ashtrays and other smoking receptacles; and

(3) Direct a person who is smoking to extinguish the lighted tobacco product.

(b) Failure to comply with the provisions of subsection (a) of this Code section or continuing to smoke in a nonsmoking area described in this chapter following oral or written notice by the person in charge of the area or the person's designee constitutes a criminal infraction, and the person committing the infraction may be punished by a fine of not more than $50.00. Any court which has jurisdiction over misdemeanors or local ordinance violations shall have jurisdiction over the criminal infraction established by this subsection, and any such infraction may be prosecuted in the same manner as either a misdemeanor or an ordinance violation. Conviction of an infraction under this subsection shall have no consequence other than payment of a penalty. A person convicted of a violation of this subsection shall not be assessed court costs.

13-12A-6.

(a) Except as otherwise provided in subsection (b) of this Code section, a local government may adopt and enforce ordinances and policies restricting or prohibiting smoking that are more restrictive than the provisions of this chapter and that apply in local government buildings, on local government grounds, in local vehicles, or in public places.

(b) A local ordinance or policy adopted under this Code section shall not restrict or prohibit smoking in the following places:

(1) A private residence;

(2) A private vehicle;

(3) A tobacco shop if smoke from the business does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter. A tobacco shop that begins operation after July 1, 2010, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter;

(4) All of the premises, facilities, and vehicles owned, operated, or leased by any tobacco products processor or manufacturer, or any tobacco leaf grower, processor, or dealer;

(5) A designated smoking guest room in a lodging establishment, provided that no more than 20 percent of a lodging establishment's guest rooms may be designated smoking guest rooms.

(6) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter. A cigar bar that begins operation after July 1, 2010, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this chapter. To qualify under this subsection, the cigar bar must satisfactorily report on a quarterly basis to the Department of Revenue, on a form prescribed by that department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department of Revenue shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This paragraph shall not apply to any business that is established for the purpose of avoiding compliance with this chapter;

(7) A private club;

(8) A motion picture, television, theater, or other live production set; provided, however, that this exemption applies only to an actor or performer portraying the use of tobacco products during the production.

(c) Continuing to smoke in violation of a local ordinance may be punished by a fine of not more than $50.00. Conviction of an ordinance violation under this Code section shall have no consequence other than payment of a penalty. A person smoking in violation of a local ordinance or other rules, laws, or policies adopted under this Code section shall not be assessed court costs."

SECTION 2.

This Act shall become effective on July 1, 2010. The enactment of this Act shall not abate any pending criminal or civil action, and any such action shall continue to be governed by prior law.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.