Connecticut Seal

General Assembly

 

Committee Bill No. 5608

January Session, 2009

 

LCO No. 5090

 

*05090HB05608PH_*

Referred to Committee on Public Health

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING THE ISSUANCE OF LIQUOR PERMITS TO CASINOS THAT PERMIT SMOKING IN SUCH PREMISES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2009) (a) Notwithstanding the provisions of section 30-39 of the general statutes, the Department of Consumer Protection shall not issue or renew any casino permit on behalf of a tribally owned casino, unless the applicant or permittee seeking such permit has entered into a written agreement with the office of the Governor concerning the reduction, removal and monitoring of secondhand smoke in the permitted premises. Such agreement shall contain terms governing: (1) Designated nonsmoking areas within the permitted premises; (2) signage as relates to designated nonsmoking and smoking areas; (3) state-of-the-art ventilation and design for designated smoking areas; (4) employee accommodations; (5) the cessation of smoking on the permitted premises no later than October 1, 2011; and (6) such other terms as may be mutually agreed to by the parties to such agreement.

(b) Notwithstanding the provisions of subsection (a) of this section, if, in the opinion of the Governor, substantial progress has been reached in achieving an agreement as described in subsection (a) of this section, the Governor may provide written notification of such progress to the Commissioner of Consumer Protection, and the Department of Consumer Protection may issue a casino permit to a party to any such agreement provided the application for such permit complies with all of the requirements of section 30-39 of the general statutes.

Sec. 2. Subsection (a) of section 30-37k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) As used in this section, section 1 of this act and subsection (a) of section 30-91: (1) "Casino" means the premises within which a gaming facility is operated with other facilities, including, but not limited to, restaurants, hotels, nightclubs, bingo halls or convention centers; and (2) "gaming facility" means a room or rooms within which class III gaming, as defined in the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701, et seq., is legally conducted.

Sec. 3. Subsection (b) of section 19a-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(b) (1) Notwithstanding the provisions of section 31-40q, no person shall smoke: (A) In any building or portion of a building owned and operated or leased and operated by the state or any political subdivision thereof; (B) in any area of a health care institution; (C) in any area of a retail food store; (D) in any restaurant; (E) in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e, [or] 30-37f or 30-37k, as amended by this act, in any area of an establishment with a permit for the sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c; (F) within a school building while school is in session or student activities are being conducted; (G) in any passenger elevator, provided no person shall be arrested for violating this subsection unless there is posted in such elevator a sign which indicates that smoking is prohibited by state law; (H) in any dormitory in any public or private institution of higher education; or (I) on and after April 1, 2004, in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games. For purposes of this subsection, "restaurant" means space, in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served to the public.

(2) This section shall not apply to (A) correctional facilities; (B) designated smoking areas in psychiatric facilities; (C) public housing projects, as defined in subsection (b) of section 21a-278a; (D) classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson; (E) smoking rooms provided by employers for employees, pursuant to section 31-40q; (F) notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph; or (G) any tobacco bar, provided no tobacco bar shall expand in size or change its location from its size or location as of December 31, 2002. For purposes of this subdivision, "outdoor" means an area which has no roof or other ceiling enclosure, "tobacco bar" means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to chapter 545 that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and "tobacco product" means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2009

New section

Sec. 2

July 1, 2009

30-37k(a)

Sec. 3

October 1, 2011

19a-342(b)

Statement of Purpose:

To promote the health and safety of patrons and employees at tribally owned casinos by making substantial progress towards a smoke-free environment at such venues.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

REP. REYNOLDS, 42nd Dist.; SEN. PRAGUE, 19th Dist.

SEN. STILLMAN, 20th Dist.; REP. RITTER, 38th Dist.

REP. RYAN, 139th Dist.; SEN. MAYNARD, 18th Dist.

REP. JUTILA, 37th Dist.; REP. OLSON, 46th Dist.

REP. URBAN, 43rd Dist.; REP. WRIGHT E., 41st Dist.

H.B. 5608