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. Chapter 202 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A store that is principally devoted to the sale of food for human

1-4 consumption off the premises may allow the smoking of tobacco in a

1-5 public area of the store that is leased to or operated by a person who is

1-6 licensed pursuant to NRS 463.160 if:

1-7 (a) The entire interior public area of the store is 10,000 square feet or

1-8 less; or

1-9 (b) The area:

1-10 (1) Is segregated from the other public areas of the store by two or

1-11 more walls or partial walls, or any combination thereof, in a

1-12 configuration that includes at least one corner; and

1-13 (2) Contains a method of ventilation which substantially removes

1-14 smoke from the area.

1-15 2. Except as otherwise provided in subsection 3, until January 1,

1-16 2010, a store that is principally devoted to the sale of food for human

1-17 consumption off the premises may allow the smoking of tobacco in a

2-1 public area of the store that is leased to or operated by a person who is

2-2 licensed pursuant to NRS 463.160 if the store was constructed before

2-3 October 1, 1999, or received final approval for construction before

2-4 October 1, 1999. On or after January 1, 2010, such a store may allow

2-5 smoking in that public area only if the area contains a method of

2-6 ventilation which substantially removes smoke from the area.

2-7 3. If at any time before January 1, 2010, a store described in

2-8 subsection 2 remodels 25 percent or more of the square footage of the

2-9 entire public area within the store, the store may continue to allow the

2-10 smoking of tobacco in a public area of the store that is leased to or

2-11 operated by a person who is licensed pursuant to NRS 463.160 only if the

2-12 store includes as part of the remodel a method of ventilation which

2-13 substantially removes smoke from the area.

2-14 4. For the purposes of this section, "partial wall" or "wall" may

2-15 include, without limitation, one or more gaming devices, as defined in

2-16 NRS 463.0155, if the gaming devices are configured together or in

2-17 conjunction with other structures to create a barrier that is similar to a

2-18 partial wall or wall.

2-19 Sec. 2. NRS 202.249 is hereby amended to read as follows:

2-20 202.249 1. It is the public policy of the State of Nevada and the

2-40 202.2492, 202.2493 and 202.2494 [.] and section 1 of this act.

3-1 Sec. 3. NRS 202.2491 is hereby amended to read as follows:

3-2 202.2491 1. Except as otherwise provided in subsections 5 and 6,

3-43 each patron the opportunity to be seated in a smoking or nonsmoking area.

4-1 5. A business which derives more than 50 percent of its gross receipts

4-2 from the sale of alcoholic beverages or 50 percent of its gross receipts from

4-3 gaming operations may be designated as a smoking area in its entirety by

4-4 the operator of the business.

4-5 6. The smoking of tobacco is not prohibited in:

4-6 (a) Any room or area designated for smoking pursuant to paragraph (b)

4-7 of subsection 2 or paragraph (b) of subsection 3.

4-8 (b) A licensed gaming establishment. A licensed gaming establishment

4-9 may designate separate rooms or areas within the establishment which may

4-10 or may not be used for smoking.

4-11 7. The person in control of a child care facility shall not allow children

4-12 in any room or area he designates for smoking pursuant to paragraph (b) of

4-13 subsection 2. Any such room or area must be sufficiently separate or

4-14 ventilated so that there are no irritating or toxic effects of smoke in the

4-15 other areas of the facility.

4-16 8. As used in this section:

4-17 (a) "Child care facility" means an establishment licensed pursuant to

4-18 chapter 432A of NRS to provide care for 13 or more children.

4-19 (b) "Licensed gaming establishment" has the meaning ascribed to it in

4-20 NRS 463.0169.

4-21 (c) "Public building" means any building or office space owned or

4-22 occupied by:

4-23 (1) Any component of the University and Community College System

4-24 of Nevada and used for any purpose related to the system.

4-25 (2) The State of Nevada and used for any public purpose, other than

4-26 that used by the department of prisons to house or provide other services to

4-27 offenders.

4-28 (3) Any county, city, school district or other political subdivision of

4-29 the state and used for any public purpose.

4-30 If only part of a building is owned or occupied by an entity described in

4-31 this paragraph, the term means only that portion of the building which is so

4-32 owned or occupied.

4-33 (d) "School bus" has the meaning ascribed to it in NRS 483.160.

4-34 Sec. 4. NRS 202.2492 is hereby amended to read as follows:

4-35 202.2492 1. A person who violates NRS 202.2491 or section 1 of

4-41 section 1 of this act. Such an employee:

5-1 (a) May exercise the authority to prepare, sign and serve those citations

5-2 only within the geographical jurisdiction of the district or state health

5-3 officer by which he is employed; and

5-4 (b) Shall comply with the provisions of NRS 171.1773.

5-5 Sec. 5. NRS 202.24925 is hereby amended to read as follows:

5-6 202.24925 1. In addition to any criminal penalty, a person who

5-24 be paid as other claims against the state are paid.

5-25 Sec. 6. The amendatory provisions of this act do not apply to offenses

5-26 that were committed before October 1, 1999.