Hawaii-2011-SB585-Introduced

SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§328J-A Smoking establishment permit; fee. (a) Notwithstanding sections 328J-3, 328J-4, and 328J-14, or any other law to the contrary, the department of taxation shall issue smoking establishment permits pursuant to this section to applicant businesses that meet the requirements of this section and rules adopted by the director of health pursuant to chapter 91 and hold a class 5, class 6, or class 11 liquor license under chapter 281. Permits issued pursuant to this section shall be renewed annually according to a schedule that corresponds to the established fiscal year of the county liquor commission with jurisdiction over the permitted establishment.

(b) The annual fee for a smoking establishment permit shall be:

(1) $1,000 for class 5 category (1)(A) standard bars and class 6 clubs as specified in section 281-31;

(2) $2,000 for class 5 category (1)(C) and (1)(D) premises as specified in section 281-31; and

(3) $3,000 for class 11 cabarets and class 5 category (1)(B) premises as specified in section 281-31.

Fees charged pursuant to this section shall be chargeable on an annual basis and shall not be prorated.

(c) The smoking establishment permit fees established by this section shall be collected by the department of taxation and shall be deposited into the general fund of the State; provided that the department of taxation may retain a portion of the funds collected not to exceed twenty per cent to offset the actual costs and expenses of issuing smoking establishment permits under this section.

(d) A smoking establishment permit issued pursuant to this section may be surrendered at any time upon written request by the permit holder. Upon surrender of a smoking establishment permit, all fees paid by the permit holder shall be forfeited. Once surrendered, a smoking establishment permit shall not be reinstated except upon a new application and payment of the full annual fee.

(e) Pursuant to section 328J-11, the department of health shall be responsible for the administration and enforcement of this section, other than the issuance of permits and collection of fees, and for matters concerning environmental tobacco smoke related to permits issued pursuant to this section. The department of taxation shall be indemnified from any claims or matter relating to environmental tobacco smoke arising from permits issued pursuant to this section.

§328J-B Smoking establishment signs. (a) Each establishment or premises that holds a smoking establishment permit pursuant to section 328J-A shall at all times post a sign that meets the requirements of this section in a clear and conspicuous manner at every entrance of the establishment or premises.

(b) Signs required by this section shall be no smaller than eight and one-half inches by eleven inches and shall:

(1) State in block letters at least one inch high as follows: "SMOKING PERMITTED BY LAW"; or

(2) Bear the internationally recognized symbol of a green circle encasing a lit cigarette."

SECTION 2. 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 hold a valid smoking establishment permit issued pursuant to section 328J-A;

(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 hold a valid smoking establishment permit issued pursuant to section 328J‑A;

(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 3. 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~~] and 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~~]; and provided further that 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 that has been designated by the warden of a correctional facility outside the secure confines of a correctional facility and restricted from access by inmates or detainees [~~that has been designated by the warden of a correctional facility.~~]; and

(8) Establishments and premises that possess a valid smoking establishment permit issued pursuant to section 328J-A."

SECTION 4. 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 the permitted operations of an establishment or premises that holds a valid smoking establishment permit issued under section 328J‑A.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.]; provided that no county shall prohibit or impede the permitted operations of an establishment or premises that holds a smoking establishment permit issued under section 328J-A."

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 8. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	585
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII