EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 202.2491 is hereby amended to read as follows:

1-2 202.2491 1. Except as otherwise provided in subsections [5 and 6,] 6

1-16 (f)] Child care facility.

2-1 [(g)] (f) Bus used by the general public, other than a chartered bus, or in

2-2 any maintenance facility or office associated with a bus system operated by

2-3 any regional transportation commission.

2-4 [(h)] (g) School bus.

2-5 2. The smoking of tobacco in any form is prohibited if done in a

2-6 public area of a store principally devoted to the sale of food for human

2-7 consumption off the premises, including, without limitation, those areas

2-8 leased to or operated by a person licensed pursuant to NRS 463.160. The

2-9 person in control of a public area of such a store shall post in the area

2-10 signs prohibiting smoking.

2-11 3. The person in control of an area listed in paragraph (c), (d), [(e), (f)

2-12 or (g)] (e) or (f) of subsection 1:

2-13 (a) Shall post in the area signs prohibiting smoking in any place not

2-14 designated for that purpose as provided in paragraph (b).

2-15 (b) May designate separate rooms or portions of the area which may be

2-16 used for smoking.

2-17 [3.] 4. The person in control of a public building:

2-18 (a) Shall post in the area signs prohibiting smoking in any place not

2-19 designated for that purpose as provided in paragraph (b).

2-20 (b) Shall, except as otherwise provided in this subsection, designate a

2-21 separate area which may be used for smoking.

2-22 A school district which prohibits the use of tobacco by pupils need not

2-23 designate an area which may be used by the pupils to smoke.

2-24 [4.] 5. The operator of a restaurant with a seating capacity of 50 or

2-25 more shall maintain a flexible nonsmoking area within the restaurant and

2-26 offer each patron the opportunity to be seated in a smoking or nonsmoking

2-27 area.

2-28 [5. A]

2-29 6. Except as otherwise provided in subsection 2, a business which

2-30 derives more than 50 percent of its gross receipts from the sale of alcoholic

2-31 beverages or 50 percent of its gross receipts from gaming operations may

2-32 be designated as a smoking area in its entirety by the operator of the

2-33 business.

2-34 [6. The]

2-35 7. Except as otherwise provided in subsection 2, the smoking of

2-36 tobacco is not prohibited in:

2-37 (a) Any room or area designated for smoking pursuant to paragraph (b)

2-38 of subsection [2] 3 or paragraph (b) of subsection [3.] 4.

2-39 (b) A licensed gaming establishment. A licensed gaming establishment

2-40 may designate separate rooms or areas within the establishment which may

2-41 or may not be used for smoking.

3-1 [7.] 8. The person in control of a child care facility shall not allow

3-2 children in any room or area he designates for smoking pursuant to

3-3 paragraph (b) of subsection [2.] 3. Any such room or area must be

3-4 sufficiently separate or ventilated so that there are no irritating or toxic

3-5 effects of smoke in the other areas of the facility.

3-6 [8.] 9. As used in this section:

3-7 (a) "Child care facility" means an establishment licensed pursuant to

3-8 chapter 432A of NRS to provide care for 13 or more children.

3-9 (b) "Licensed gaming establishment" has the meaning ascribed to it in

3-10 NRS 463.0169.

3-11 (c) "Public building" means any building or office space owned or

3-12 occupied by:

3-13 (1) Any component of the University and Community College

3-14 System of Nevada and used for any purpose related to the system.

3-15 (2) The State of Nevada and used for any public purpose, other than

3-16 that used by the department of prisons to house or provide other services to

3-17 offenders.

3-18 (3) Any county, city, school district or other political subdivision of

3-19 the state and used for any public purpose.

3-20 If only part of a building is owned or occupied by an entity described in

3-21 this paragraph, the term means only that portion of the building which is so

3-22 owned or occupied.

3-23 (d) "School bus" has the meaning ascribed to it in NRS 483.160.

3-24 Sec. 2. NRS 202.2494 is hereby amended to read as follows:

3-25 202.2494 1. A cigarette vending machine must not be placed in a

3-30 used to dispense any product not made from tobacco.

3-31 Sec. 3. The amendatory provisions of this act do not apply to offenses

3-32 that were committed before October 1, 1999.