HOUSE OF REPRESENTATIVES

H.B. NO.

2306

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Chapter 328J, HAWAII REVISED STATUTES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 328J-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑3[]]  Prohibition in enclosed or partially enclosed places open to the public.  Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

     (1)  Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;

     (2)  Aquariums, galleries, libraries, and museums;

     (3)  Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;

     (4)  Bars[;] that do not post signs pursuant to section 328J-9(b) and do not hold a dispenser or cabaret license pursuant to section 281-31;

     (5)  Bowling alleys;

     (6)  Convention facilities;

     (7)  Educational facilities, both public and private;

     (8)  Elevators;

     (9)  Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;

    (10)  Health care facilities;

    (11)  Hotel and motel lobbies, meeting rooms, and banquet facilities;

    (12)  Licensed child care and adult day care facilities;

    (13)  Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;

    (14)  Nightclubs[;] that do not post signs pursuant to section 328J-9(b) and do not hold a dispenser or cabaret license pursuant to section 281-31;

    (15)  Polling places;

    (16)  Restaurants;

    (17)  Retail stores;

    (18)  Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;

    (19)  Service lines; and

    (20)  Shopping malls."

     SECTION 2.  Section 328J-7, Hawaii Revised Statutes, is amended to read as follows:

     "§328J‑7  Exceptions.  Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J‑3, 328J‑4, and 328J‑5:

     (1)  Private residences, except when used as a licensed child care, adult day care, or health care facility;

     (2)  Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated.  All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter.  The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;

     (3)  Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

     (4)  Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;

     (5)  Outdoor areas of places of employment except those covered by the provisions of sections 328J‑3 and 328J‑5;

     (6)  All areas covered by this chapter when smoking is part of a production being filmed; [and]

     (7)  State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility[.]; and

     (8)  The premises of establishments that post signs pursuant to section 328J-9(b) and hold a dispenser or cabaret license pursuant to section 281-31."

     SECTION 3.  Section 328J-8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑8[]]  Declaration of establishment as nonsmoking.  (a)  Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited.

     (b)  Smoking shall be prohibited in any place in which a sign conforming to the requirements of section [328J-9] 328J‑9(a) is posted."

     SECTION 4.  Section 328J-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑9[]]  Signs(a)  Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place.

     (b)  Clearly legible signs that include the words "Smoking Permitted" with letters of not less than one inch in height or the international "Smoking Permitted" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a green circle, shall be clearly and conspicuously posted at the entrance to and inside every establishment that holds a dispenser or cabaret liquor license and at which the owner, operator, manager, or other person in control of that place elects to permit smoking in all or part of the premises."

     SECTION 5.  Section 328J-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑15[]]  County ordinances.  (a)  Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance[; provided that the ordinance] that is at least as protective of the rights of nonsmokers as this chapter[.]; provided that no county ordinance shall prohibit or impede smoking on the premises of establishments that meet the exemption requirements of section 328J-7(8).

     (b)  Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.]; provided that no county ordinance shall more stringently restrict or prohibit smoking on the premises of establishments that meet the exemption requirements of section 328J-7(8)."

     SECTION 6  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Smoking; Bars; Night-Clubs; Liquor license

 

Description:

Permits bars and nightclubs with liquor licenses to allow smoking by posting "smoking permitted" signs and provides that no county ordinance shall prohibit or restrict smoking in these establishments.  Effective 1/1/13.

 

 

 

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