2015 -- H 5256

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LC000038

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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 Phillips, Morin, Casey, Serpa, and Reilly

     Date Introduced: January 29, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-20.10-2 and 23-20.10-3 of the General Laws in Chapter 23-

20.10 entitled "Public Health and Workplace Safety Act" are hereby amended to read as follows:

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

chapter, shall be construed as defined in this section:

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

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

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

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

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

lounges and cabarets.

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

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

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

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

     (3) "Business" means a structurally enclosed location or portion thereof at which

employees perform services for their employer. A business facility does not include any

workplace or portion of a workplace that also serves as the employee's or employer's personal

residence. A business facility is a place of employment. Notwithstanding this paragraph, a

personal residence or unit or apartment in a residential facility is a business facility only during

the period of time that an employee is physically present to perform work there. A residential

facility, housing authority unit, nursing home or a hospital is a business facility.

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

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

nonprofit entity.

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

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

more individual persons.

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

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

ceiling.

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

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

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

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

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

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

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

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

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

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

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

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

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

health care facility.

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

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

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

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

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

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

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

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

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

within the restaurant.

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

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

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

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

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

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

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

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

connect retail or professional establishments.

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

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

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

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

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

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

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

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

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

beverages and food. The division of taxation in the department of administration shall be

responsible for the determination under this section and shall promulgate any rules or forms

necessary for the implementation of this section.

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

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

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

which will prevent the migration of smoke into the street.

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

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

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

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

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

      (18) Housing authority unit means: any real property, building, unit, dwelling unit,

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residential unit or any portion thereof occupied by any tenant or lessee whether individually or

with another tenant or lessee which is owned, operated, managed, financed or otherwise under the

control of city housing authorities and/or town housing authorities as defined in §§ 45-25-1 et.

seq, or 45-26-1 et seq. respectively.

     (19) Residential facility means a facility with one or more residential units or apartments

that is owned, operated, managed, financed or otherwise under control of city housing authorities

and/or town authorities as defined in §§ 45-25-1 et seq. or 45-26-1 et seq. respectively.

     23-20.10-3. Prohibition of smoking in public places. -- Smoking shall be prohibited in

all enclosed public places within the state of Rhode Island, including, but not limited to, the

following places:

      (1) Aquariums, galleries, libraries and museums;

      (2) Areas available to and customarily used by the general public in businesses and

nonprofit entities patronized by the public, including, but not limited to, professional offices,

banks, laundromats, hotels and motels.

      (3) Bars;

      (4) Bingo facilities when a bingo game is in progress;

      (5) Convention facilities;

      (6) Elevators;

      (7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture,

musical, recital or other similar performance;

      (8) Health care facilities;

      (9) Licensed child care and adult day care facilities;

      (10) Lobbies, hallways and other common areas in apartment buildings, condominiums,

trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities with

more than four (4) units;

      (11) Polling places;

      (12) Public transportation facilities, including buses and taxicabs, under the authority of

the state of Rhode Island, and ticket, boarding and waiting areas of public transit depots;

      (13) Restaurants;

      (14) Restrooms, lobbies, reception areas, hallways and other common use areas;

      (15) Retail stores;

      (16) Rooms, chambers, places of meeting or public assembly, including school

buildings, under the control of an agency, board, commission, committee or council of the state of

Rhode Island or a political subdivision of the state when a public meeting is in progress, to the

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extent the place is subject to the jurisdiction of the state of Rhode Island;

      (17) Schools; including, primary, secondary and post-secondary education facilities;

      (18) Service lines;

      (19) Shopping malls;

      (20) Sports arenas, including outdoor arenas. ;

      (21) Residential facility;

     (22) Housing authority unit.

     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

***

     This act would prohibit smoking in any area including dwelling units of any building

owned or operated by a city or town housing authority.

     This act would take effect upon passage.

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