2015 -- H 5224 AS AMENDED

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LC000393

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY

ACT

     

     Introduced By: Representatives Tanzi, Handy, Lombardi, Fogarty, and Maldonado

     Date Introduced: January 29, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-20.10-2 of the General Laws in Chapter 23-20.10 entitled

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"Public Health and Workplace Safety Act" is hereby amended to read as follows:

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     23-20.10-2. Definitions. -- The following words and phrases, whenever used in this

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chapter, shall be construed as defined in this section:

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      (1) "Assisted living residence" means a residence that provides personal assistance, and

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meals to adults in accordance with chapter 17.4 of this title.

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      (2) "Bar" means an establishment that is devoted to the serving of alcoholic beverages

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for consumption by guests on the premises and in which the serving of food is only incidental to

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the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail

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lounges and cabarets.

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      (3) "Business" means a sole proprietorship, partnership, joint venture, corporation, or

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other business entity formed for profit-making purposes, including retail establishments where

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goods or services are sold as well as professional corporations and other entities where legal,

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medial, dental, engineering, architectural or other professional services are delivered.

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      (4) "Employee" means a person who is employed by an employer in consideration for

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direct or indirect monetary wages or profit, and a person who volunteers his or her services for a

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nonprofit entity.

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      (5) "Employer" means a person, business, partnership, association, corporation,

 

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including a municipal corporation, trust or nonprofit entity that employs the services of one or

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more individual persons.

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      (6) "Enclosed area" means all space between a floor and ceiling that is enclosed on all

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sides by solid walls or windows (exclusive of doorways), which extend from the floor to the

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ceiling.

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      (7) "Health care facility" means an office or institution providing care or treatment of

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diseases, whether physical, mental, emotional, or other medical, physiological or psychological

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conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics,

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including weight control clinics, nursing homes, homes for the aging or chronically ill,

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laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and

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all specialists within these professions. This definition shall include all waiting rooms, hallways,

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private rooms, semi-private rooms and wards within health care facilities.

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      (8) "Place of employment" means an area under the control of a public or private

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employer that employees normally frequent during the course of employment, including, but not

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limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms,

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classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer

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are covered under this definition provided that the vehicle is used by more than one person. A

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private residence is not a "place of employment" unless it is used as a child care, adult day care or

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health care facility.

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      (9) "Public place" means an enclosed area to which the public is invited or in which the

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public is permitted, including, but not limited to, banks, bars, educational facilities, health care

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facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food

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production and marketing establishments, retail service establishments, retail stores, shopping

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malls, sports arenas, the state house, theaters and waiting rooms. A private residence is not a

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"public place" unless it is used as a child care, adult day care or health care facility.

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      (10) "Restaurant" means an eating establishment, including, but not limited to, coffee

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shops, cafeterias, and private and public school cafeterias, which gives or offers for sale food to

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the public, guests or employees, as well as kitchens and catering facilities in which food is

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prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area

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within the restaurant.

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      (11) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco

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products and accessories in which the total annual revenues generated by the sale of other

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products are no greater than twenty-five percent (25%) of the total revenue for the establishment.

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The division of taxation shall be responsible for the determination under this section and shall

 

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promulgate any rules or forms necessary for the implementation of this section.

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      (12) "Service line" means an indoor line in which one or more persons are waiting for or

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receiving service of any kind, whether or not the service involves the exchange of money.

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      (13) "Shopping mall" means an enclosed public walkway or hall area that serves to

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connect retail or professional establishments.

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      (14) "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar,

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cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form;

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provided, however, that smoking shall not include burning during a religious ceremony.

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      (15) (a) "Smoking bar" means an establishment whose business is primarily devoted to

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the serving of tobacco products for consumption on the premises, in which the annual revenues

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generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the

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establishment and the serving of food or alcohol is only incidental to the consumption of such

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tobacco products. The establishment must annually demonstrate that revenue generated from the

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serving of tobacco products is greater than the total combined revenue generated by the serving of

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beverages and food. Effective July 1, 2015, all existing establishments and establishments that

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open thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that

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the annual revenue generated from the serving of tobacco products is greater than fifty percent

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(50%) of the total revenue for the establishment, and the serving of food, alcohol or beverages is

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only incidental to the consumption of such tobacco products. Every owner of a smoking bar shall

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register no later than January 1 of each year with the division of taxation and shall provide, at a

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minimum, the owner's name and address and the name and address of the smoking bar. The

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division of taxation in the department of administration shall be responsible for the determination

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under this section and shall promulgate any rules or forms necessary for the implementation of

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this section.

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      (b) Smoking bars shall only allow consumption of food and beverages sold by the

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establishment on the premises and the establishment shall have public access only from the street.

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      (c) Any smoking bar as defined herein, is required to provide a proper ventilation system

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which will prevent the migration of smoke into the street.

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      (16) "Sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized

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sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks,

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bowling alleys and other similar places where members of the general public assemble to engage

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in physical exercise, participate in athletic competition or witness sports or other events.

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      (17) "Legislature" means the general assembly of the state of Rhode Island.

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     SECTION 2. This act shall take effect upon passage.

 

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY

ACT

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     This act would require smoking bar owners to demonstrate on a quarterly rather than

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annual basis that the revenue generated from serving tobacco products exceeds the total combined

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revenue generated from the sale of food and beverages. The act would also provide that the owner

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register his or her name and address and the name and address of the smoking bar with the

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division of taxation.

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     This act would take effect upon passage.

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