HF 564

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying the Clean Indoor Air
Act; preempting local regulation of smoking in public
places; requiring certain establishments that permit
smoking to register; appropriating money; providing
criminal penalties; amending Minnesota Statutes 2004,
sections 144.412; 144.413, by adding a subdivision;
144.415; proposing coding for new law in Minnesota
Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2004, section 144.412, is
amended to read:

144.412 PUBLIC POLICY.

new text begin (a) new text end The purpose of sections 144.411 to 144.417 is to
protect the public health, comfort and environment by
prohibiting smoking in areas where children or ill or injured
persons are present, and by limiting smoking in public places
and at public meetings to designated smoking areas.

new text begin (b) Sections 144.411 to 144.417 are designed to
comprehensively regulate smoking in public places and business
establishments throughout Minnesota. The circumstances under
which smoking is prohibited or allowed in public places and
business establishments are a public health matter of statewide
concern and warrant uniform state regulation.
new text end

new text begin (c) Sections 144.411 to 144.417 take precedence over any
ordinance, other than a fire safety ordinance, of a county,
statutory or home rule charter city, or township. An ordinance
regulating smoking is unenforceable to the extent it is in
conflict with sections 144.411 to 144.417.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144.413, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Hospitality establishment. new text end

new text begin "Hospitality
establishment" means a bar, as defined in Minnesota Rules, part
4620.0100, subpart 4; a restaurant, as defined in section
157.15, subdivision 12; a bowling alley; a billiard hall; a
bingo hall; a coffee shop; a private club not open to the
general public; or a cigarette, tobacco, or cigar shop.
new text end

Sec. 3.

Minnesota Statutes 2004, section 144.415, is
amended to read:

144.415 DESIGNATION OF SMOKING AREAS.

new text begin (a) The proprietor or other person in charge of a
hospitality establishment may permit or prohibit smoking. A
hospitality establishment that permits smoking must comply with
the applicable requirements of sections 144.411 to 144.417.
new text end

new text begin (b) new text end Smoking areas may be designated by proprietors or other
persons in charge of public places, except in places in which
smoking is prohibited by the fire marshal or by other law,
ordinance or rule.

new text begin (c) new text end Where smoking areas are designated, existing physical
barriers and ventilation systems shall be used to minimize the
toxic effect of smoke in adjacent nonsmoking areas. In the case
of public places consisting of a single room, the provisions of
this law shall be considered met if one side of the room is
reserved and posted as a no smoking area. No public place other
than a bar shall be designated as a smoking area in its
entirety. If a bar is designated as a smoking area in its
entirety, this designation shall be posted conspicuously on all
entrances normally used by the public.

Sec. 4.

new text begin [144.4155] REGISTRATION OF SMOKING-PERMITTED
HOSPITALITY ESTABLISHMENTS.
new text end

new text begin (a) The proprietor or other person in charge of a
hospitality establishment that chooses to permit smoking in the
establishment must register annually with the commissioner and
pay an annual registration fee as follows:
new text end

new text begin (1) $500 for a hospitality establishment licensed for the
sale and on-site consumption of alcoholic beverages; and
new text end

new text begin (2) $250 for other hospitality establishments.
new text end

new text begin (b) The commissioner shall provide to each registered
hospitality establishment a sign or signs that comply with the
commissioner's requirements for posting areas where smoking is
permitted.
new text end

new text begin (c) Money generated under paragraph (a), less the
administrative costs of the registration process, shall be
deposited in the state government special revenue fund and is
appropriated annually to the commissioner for tobacco use
prevention efforts.
new text end

new text begin (d) The proprietor or other person in charge of a
hospitality establishment that permits smoking and fails to
comply with this section is guilty of a misdemeanor.
new text end