1.1 	A bill for an act
1.2 	relating to health; permitting smoking in certain bars; amending Minnesota 
1.3 	Statutes 2008, section 144.4167, by adding a subdivision.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2008, section 144.4167, is amended by adding a 
1.6 	subdivision to read:
1.7 		Subd. 10.Bars. Sections 144.414 to 144.417 do not prohibit smoking in a bar 
1.8 	provided it has a ventilation system that will exchange indoor air at least two times per 
1.9 	hour and an on-sale intoxicating liquor license, an on-sale nonintoxicating malt liquor 
1.10 	license, an on-sale 3.2 percent malt liquor license, a wine license, or a strong beer liquor 
1.11 	license; and:
1.12 	(1) the bar's sales of beer, nonintoxicating malt liquor, 3.2 percent malt liquor, wine, 
1.13 	and intoxicating liquor are demonstrated for an existing licensee to be, or for an initial 
1.14 	licensee projected to be, more than 50 percent of the total net sales of food and beverages, 
1.15 	after taxes, that are served in the establishment. For the purposes of this section, "sales" 
1.16 	are the sales reported to the Department of Revenue from the most recent calendar year; or
1.17 	(2) the bar:
1.18 	(i) is separated from the restaurant on all sides by continuous floor-to-ceiling walls, 
1.19 	which are interrupted only by closable doors that are continuously closed, except when a 
1.20 	person is actively entering or exiting the bar;
1.21 	(ii) has ventilation systems that are totally separated from the restaurant, with the bar 
1.22 	maintaining a negative air pressure in relation to the adjacent restaurant;
1.23 	(iii) does not permit entrance or employment of minors at any time notwithstanding 
1.24 	section 340A.503, subdivision 4, paragraph (b); and
2.1 	(iv) has a food or beverage license, which is separate from the restaurant, issued by 
2.2 	the appropriate licensing agency.