Bill Text: HI HB1469 | 2013 | Regular Session | Introduced

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Bill Title: Smoking; Dispensers; Cabarets; Exemptions

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2013-02-14 - Re-referred to HLT/CPC, referral sheet 24 [HB1469 Detail]

Download: Hawaii-2013-HB1469-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1469
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SMOKING.

 

 

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

 

     SECTION 1.  The legislature finds that the smoking ban of 2006 has caused significant economic hardship to a considerable number of bars in Hawaii that cater exclusively to adult patrons.  The legislation was never intended to impede the operation of bars and nightclubs, which contribute considerably to the tourism economy and tax base.

     The smoking ban has caused unforeseen noise and disruptive behavior outside of bars and put licensees in direct conflict with surrounding neighborhoods, because customers who want to smoke are forced outside of the establishment during legal hours of operation, often as late as 4:00 a.m.

     In effect, the people who have been drinking and wish to smoke must congregate late at night in unlicensed, unsafe, and unmonitored areas, such as streets and sidewalks.  This is particularly true of urban bars, which often lack outdoor space on their property.  As a result, numerous community complaints about the noise and disruptive behavior outside of bars are reported to the liquor commission and neighborhood boards.  This has caused many bars and nightclubs to close or reduce operations to unsustainable levels.

     In recent years, the legislature has held hearings on a number of bills aimed at restricting bar licenses and hours in response to the unforeseen noise and disruptive behavior resulting from the smoking ban of 2006.  The smoking ban puts legitimate licensees in direct conflict with local populaces and county liquor commissions.  This circumstance calls for the use of the exceptions and exemptions within this Act as the unforeseen consequences of the smoking ban have been found to disturb the peace near licensed premises.

     The legislature further finds that Hawaii is not the only state to recognize that bar smoking bans greatly decrease bar and pub revenues.  As a result, an increasing number of bar smoking bans have been made less restrictive or repealed, including bans in Croatia, the Netherlands, Nevada, and Galveston, Texas.

     Therefore, the legislature finds that bars and cabarets that cater exclusively to adults should be exempt from the smoking ban to allow adults to choose whether they would like to be in a smoking environment.

     This Act does not and should not be interpreted to permit smoking in restaurants or "family type" establishments.  This Act does not require any bar to allow smoking that chooses to maintain a no-smoking policy, as protected by chapter 328J, Hawaii Revised Statutes.

     The purpose of this Act is make bars and cabarets exempt from the smoking ban.

     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)  Bars and nightclubs that hold a dispenser or cabaret license under section 281-31 and post signs pursuant to section 328J-9(b)."

     SECTION 3.  Section 328J-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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 in and at the entrance to every bar or nightclub that holds a dispenser or cabaret license under section 281-31 and at which the owner, operator, manager, or other person in control of the bar or nightclub 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.  Exemptions for dispensers and cabarets established pursuant to this Act shall not require the amendment of rules by the department of health to take effect.  The department of health shall not adopt rules more stringent than the requirements established under chapter 328J, Hawaii Revised Statutes, on dispensers and cabarets that were made exempt from the smoking prohibition pursuant to this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Smoking; Dispensers; Cabarets; Exemptions

 

Description:

Exempts bars and nightclubs that hold dispenser or cabaret licenses to allow smoking by posting "smoking permitted" signs.  Provides that county ordinances shall not prohibit or restrict smoking in these establishments.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.