Chapter 444 |
2025 -- H 5464 SUBSTITUTE A AS AMENDED Enacted 07/02/2025 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY ACT |
Introduced By: Representatives Tanzi, Chippendale, McGaw, Edwards, Shallcross Smith, Ajello, Fogarty, Hull, Blazejewski, and Shekarchi |
Date Introduced: February 12, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 23-20.10-2 and 23-20.10-6.1 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, medical, dental, |
engineering, architectural, or other professional services are delivered. |
(4) “Electronic nicotine delivery system” means an electronic device that may be used to |
simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, |
and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, |
electronic pipe, or electronic hookah and any related device and any cartridge or other component |
of that device. |
(5) “Electronic nicotine delivery system store” means a retail store, excluding mall kiosks, |
utilized primarily for the sale of electronic nicotine delivery system products and accessories. |
(6) “Electronic smoking device establishment” means any business that sells food or |
alcohol and for which the principal or core business is selling electronic nicotine delivery system |
devices and where combustible substances are prohibited. |
(i) Effective July 1, 2018, all establishments that open thereafter must demonstrate |
quarterly, for a period of one year and annually thereafter, that the annual revenue generated from |
the serving of electronic nicotine delivery system devices is thirty-three percent (33%) or more of |
the total revenue for the establishment. Every such owner of an electronic smoking device |
establishment shall register no later than January 1 of each year with the division of taxation and |
shall provide, at a minimum, the owner’s name and address and the name and address of the |
electronic smoking device establishment. 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. |
(7) “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 hertheir services for |
a nonprofit entity. |
(8) “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. |
(9) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides |
by solid walls or windows (exclusive of doorways) that extend from the floor to the ceiling. |
(10) “Healthcare 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. |
(11) “Legislature” means the general assembly of the state of Rhode Island. |
(12) “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 childcare, adult daycare, or |
healthcare facility. |
(13) “Principal or core business” means a business whose majority of customers are |
utilizing electronic nicotine delivery systems during normal business hours. |
(14) “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, healthcare |
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 childcare, adult daycare, or healthcare facility. |
(15) “Restaurant” means an eating establishment, including, but not limited to, coffee |
shops, cafeterias, and private and public school cafeterias, that gives or offers for sale food to 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. |
(16) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco, |
electronic cigarette products and accessories, or electronic nicotine delivery system products 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. |
(17) “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. |
(18) “Shopping mall” means an enclosed public walkway or hall area that serves to connect |
retail or professional establishments. |
(19) “Smoking” or “smoke” means inhaling, exhaling, burning, or carrying any lighted or |
heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product, or other |
combustible substance in any manner or in any form intended for inhalation in any manner or form. |
“Smoking” or “smoke” also includes the use of electronic cigarettes, electronic cigars, electronic |
pipes, electronic nicotine delivery system products, or other similar products that rely on |
vaporization or aerosolization; provided, however, that smoking shall not include burning during a |
religious ceremony. |
(20)(i) “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 the tobacco |
products. Effective July 1, 2015, all existing establishments and establishments that open thereafter |
must demonstrate quarterly, for a period of one year and annually thereafter, that the annual revenue |
generated from the serving of tobacco products is greater than fifty percent (50%) of the total |
revenue for the establishment, and the serving of food, alcohol, or beverages is only incidental to |
the consumption of the tobacco products. Every owner of a smoking bar shall register no later than |
January 1 of each year with the division of taxation and shall provide, at a minimum, the owner’s |
name and address and the name and address of the smoking bar. 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. |
(ii) 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. |
(iii) Any smoking bar, as defined herein, is required to provide a proper ventilation system |
that will prevent the migration of smoke into the street. |
(21) “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. |
(22) "Pari mutual facility smoking lounge" means an enclosed area, including, but not |
limited to, a cigar bar, within any pari mutual facility established under chapter 3.1 or 7 of title 41 |
or any pari mutual licensee under chapter 61.2 of title 42 with a proper ventilation system that will |
prevent the migration of smoke to nonsmoking areas. |
23-20.10-6.1. Pari mutual facilities. |
(a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari mutual |
licensee under chapter 61.2 of title 42 shall provide designated prohibit smoking and nonsmoking |
gaming areas in their facilities, except as provided in subsection (b) of this section. |
(b) The designated nonsmoking gaming area shall be physically separated from any |
smoking area and shall be required to have separate and distinct ventilation systems so as to prohibit |
the migration of smoke into the nonsmoking area. |
(c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual |
facility shall be nonsmoking and be physically separate from any smoking area and shall have a |
separate ventilation system so as to prohibit the migration of smoke into the restaurant. |
(d) The prohibitions of this chapter shall not apply to any bar which is presently in |
existence, located in, and not physically separated from a designated smoking area. |
(e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow |
their employees the right to work in a smoke free environment. These rules shall include, but not |
be limited to, provisions on the right to opt out of working in a smoking area and a provision that |
no adverse impact or action could take place against the employee if they request to opt out of a |
smoking area. The rules promulgated by the licensee shall be filed with the lottery commission |
with copies to the general assembly and the department of health no later than March 1, 2005. |
(f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with |
the lottery commission with copies to the general assembly and department of health detailing |
smoke mitigation efforts undertaken by the licensee during the previous year and plans for the |
upcoming year. The licensee shall be required to monitor air quality with current appropriate |
technology. A professional HVAC engineer (or other appropriate professional) shall certify the |
monitoring process and results. The results of the monitoring process shall be included in the annual |
report. |
(g) Any enactment relating to the provisions of this section on pari mutual facilities or |
licensees shall be by statute as enacted by the general assembly, provided however that the general |
assembly may by statute delegate such authority to the cities and towns. |
(b) Any pari mutual facility established under chapter 3.1 of title 41, may provide an |
exemption to the prohibition on smoking for one "pari mutual facility smoking lounge", as defined |
pursuant to § 23-20.10-2 located within the facility. |
SECTION 2. This act shall take effect on January 1, 2027. |
======== |
LC000856/SUB A |
======== |