Assembly Bill No. 168–Assemblymen Angle, Price, Brown, Buckley, Gibbons, Gustavson, Humke, Lee, Manendo, Neighbors, Smith and Von Tobel

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes related to smoking and selling tobacco. (BDR 15‑91)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; prohibiting smoking in all public areas of a store principally devoted to the sale of food for human consumption off the premises of the store; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 202.249 is hereby amended to read as follows:

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

1-3  purpose of NRS 202.2491[, 202.24915] and 202.2492 to place restrictions

1-4  on the smoking of tobacco in public places to protect human health and

1-5  safety.

1-6    2.  The quality of air is declared to be affected with the public interest ,

1-7  and NRS 202.2491[, 202.24915] and 202.2492 are enacted in the exercise

1-8  of the police power of this state to protect the health, peace, safety and

1-9  general welfare of its people.

1-10    3.  Health authorities, police officers of cities or towns, sheriffs and

1-11  their deputies and other peace officers of this state shall, within their

1-12  respective jurisdictions, enforce the provisions of NRS 202.2491[,

1-13  202.24915] and 202.2492. Police officers of cities or towns, sheriffs and

1-14  their deputies and other peace officers of this state shall, within their

1-15  respective jurisdictions, enforce the provisions of NRS 202.2493 and

1-16  202.2494.

1-17    4.  An agency, board, commission or political subdivision of this state,

1-18  including any agency, board, commission or governing body of a local

1-19  government, shall not impose more stringent restrictions on the smoking,

1-20  use, sale, distribution, marketing, display or promotion of tobacco or

2-1  products made from tobacco than are provided by NRS 202.2491,

2-2  [202.24915,] 202.2492, 202.2493 and 202.2494.

2-3    Sec. 2.  NRS 202.2491 is hereby amended to read as follows:

2-4    202.2491  1.  Except as otherwise provided in subsections [5 and 6

2-5  and NRS 202.24915,] 7 and 8, the smoking of tobacco in any form is

2-6  prohibited if done in any:

2-7    (a) Public elevator.

2-8    (b) Public building.

2-9    (c) Public waiting room, lobby or hallway of any:

2-10      (1) Medical facility or facility for the dependent as defined in chapter

2-11  449 of NRS; or

2-12      (2) Office of any chiropractor, dentist, physical therapist, physician,

2-13  podiatric physician, psychologist, optician, optometrist, doctor of Oriental

2-14  medicine or doctor of acupuncture.

2-15    (d) Hotel or motel when so designated by the operator thereof.

2-16    (e) [Public area of a store principally devoted to the sale of food for

2-17  human consumption off the premises.

2-18    (f)] Child care facility.

2-19    [(g)] (f) Bus used by the general public, other than a chartered bus, or

2-20  in any maintenance facility or office associated with a bus system operated

2-21  by any regional transportation commission.

2-22    [(h)] (g) School bus.

2-23    2.  The smoking of tobacco in any form is prohibited if done in a

2-24  public area of a store principally devoted to the sale of food for human

2-25  consumption off the premises, including, without limitation, those areas

2-26  leased to or operated by a person licensed pursuant to NRS 463.160. The

2-27  person in control of a public area of such a store shall post in the area

2-28  signs prohibiting smoking.

2-29    3.  The person in control of an area listed in paragraph (c), (d), [(e), (f)

2-30  or (g)] (e) or (f) of subsection 1:

2-31    (a) Shall post in the area signs prohibiting smoking in any place not

2-32  designated for that purpose as provided in paragraph (b).

2-33    (b) May designate separate rooms or portions of the area which may be

2-34  used for smoking . [, except for a room or portion of the area of a store

2-35  described in paragraph (e) of subsection 1 if the room or portion of the

2-36  area:

2-37      (1) Is leased to or operated by a person licensed pursuant to NRS

2-38  463.160; and

2-39      (2) Does not otherwise qualify for an exemption set forth in NRS

2-40  202.24915.

2-41    3.] 4.  The person in control of a public building:

2-42    (a) Shall post in the area signs prohibiting smoking in any place not

2-43  designated for that purpose as provided in paragraph (b).

2-44    (b) Shall, except as otherwise provided in [this subsection,] subsection

2-45  5, designate a separate area which may be used for smoking.

2-46    5.  A school district which prohibits the use of tobacco by pupils need

2-47  not designate an area which may be used by the pupils to smoke.

2-48    [4.] 6.  The operator of a restaurant with a seating capacity of 50 or

2-49  more shall maintain a flexible nonsmoking area within the restaurant and

3-1  offer each patron the opportunity to be seated in a smoking or nonsmoking

3-2  area.

3-3    [5.  A]

3-4    7.  Except as otherwise provided in subsection 2, a business which

3-5  derives more than 50 percent of its gross receipts from the sale of alcoholic

3-6  beverages or 50 percent of its gross receipts from gaming operations may

3-7  be designated as a smoking area in its entirety by the operator of the

3-8  business.

3-9    [6.  The]

3-10    8.  Except as otherwise provided in subsection 2, the smoking of

3-11  tobacco is not prohibited in:

3-12    (a) Any room or area designated for smoking pursuant to paragraph (b)

3-13  of subsection [2] 3 or paragraph (b) of subsection [3.] 4.

3-14    (b) A licensed gaming establishment. A licensed gaming establishment

3-15  may designate separate rooms or areas within the establishment which may

3-16  or may not be used for smoking.

3-17    [7.] 9.  The person in control of a child care facility shall not allow

3-18  children in any room or area he designates for smoking pursuant to

3-19  paragraph (b) of subsection [2.] 3. Any such room or area must be

3-20  sufficiently separate or ventilated so that there are no irritating or toxic

3-21  effects of smoke in the other areas of the facility.

3-22    [8.] 10.  As used in this section:

3-23    (a) “Child care facility” means an establishment licensed pursuant to

3-24  chapter 432A of NRS to provide care for 13 or more children.

3-25    (b) “Licensed gaming establishment” has the meaning ascribed to it in

3-26  NRS 463.0169.

3-27    (c) “Public building” means any building or office space owned or

3-28  occupied by:

3-29      (1) Any component of the University and Community College

3-30  System of Nevada and used for any purpose related to the system.

3-31       (2) The State of Nevada and used for any public purpose, other than

3-32  that used by the department of prisons to house or provide other services to

3-33  offenders.

3-34      (3) Any county, city, school district or other political subdivision of

3-35  the state and used for any public purpose.

3-36  If only part of a building is owned or occupied by an entity described in

3-37  this paragraph, the term means only that portion of the building which is so

3-38  owned or occupied.

3-39    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

3-40    Sec. 3.  NRS 202.2492 is hereby amended to read as follows:

3-41    202.2492  1.  A person who violates NRS 202.2491 [or 202.24915] is

3-42  guilty of a misdemeanor.

3-43    2.  In each health district, the district health officer shall, and[,] for

3-44  areas of this state which are not within a health district, the state health

3-45  officer shall, designate one or more of his employees to prepare, sign and

3-46  serve written citations on persons accused of violating NRS 202.2491 . [or

3-47  202.24915.] Such an employee:

4-1    (a) May exercise the authority to prepare, sign and serve those citations

4-2  only within the geographical jurisdiction of the district or state health

4-3  officer by which he is employed; and

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

4-5    Sec. 4.  NRS 202.24925 is hereby amended to read as follows:

4-6    202.24925  1.  In addition to any criminal penalty, a person who

4-7  violates NRS 202.2491 [or 202.24915] is liable for a civil penalty of $100

4-8  for each violation.

4-9    2.  A health authority within whose jurisdiction a violation of NRS

4-10  202.2491 [or 202.24915] is committed shall:

4-11    (a) Collect the civil penalty, and may commence a civil proceeding for

4-12  that purpose; and

4-13    (b) Deposit any money he collects pursuant to this section with the state

4-14  treasurer for credit to the account for health education for minors, which is

4-15  hereby created in the state general fund.

4-16    3.  The superintendent of public instruction:

4-17    (a) Shall administer the account for health education for minors; and

4-18    (b) May, with the advice of the state health officer, expend money in the

4-19  account only for programs of education for minors regarding human health.

4-20    4.  The interest and income earned on the money in the account for

4-21  health education for minors, after deducting any applicable charges, must

4-22  be credited to the account.

4-23    5.  All claims against the account for health education for minors must

4-24  be paid as other claims against the state are paid.

4-25    Sec. 5.  NRS 202.2494 is hereby amended to read as follows:

4-26    202.2494  1.  A cigarette vending machine must not be placed in a

4-27  public area described in paragraph (a), (c), (e), [(f), (g) or (h)] (f) or (g) of

4-28  subsection 1 of NRS 202.2491[,] or subsection 2 of NRS 202.2491, if

4-29  minors are permitted access to that area.

4-30    2.  A coin-operated vending machine containing cigarettes must not be

4-31  used to dispense any product not made from tobacco.

4-32    Sec. 6.  NRS 202.24915 is hereby repealed.

4-33    Sec. 7.  The amendatory provisions of this act do not apply to offenses

4-34  committed before October 1, 2001.

 

4-35  TEXT OF REPEALED SECTION

 

4-36    202.24915  Smoking tobacco: Allowed under certain circumstances

4-37   in certain stores that are principally devoted to sale of food for human

4-38   consumption off premises.

4-39    1.  A store that is principally devoted to the sale of food for human

4-40   consumption off the premises may allow the smoking of tobacco in a

4-41   public area of the store that is leased to or operated by a person who is

4-42   licensed pursuant to NRS 463.160 if:

4-43    (a) The entire interior public area of the store is 10,000 square feet or

4-44   less; or

5-1    (b) The area:

5-2       (1) Is segregated from the other public areas of the store by two or

5-3   more walls or partial walls, or any combination thereof, in a configuration

5-4   that includes at least one corner; and

5-5       (2) Contains a method of ventilation which substantially removes

5-6   smoke from the area.

5-7    2.  Except as otherwise provided in subsection 3, until January 1, 2010,

5-8   a store that is principally devoted to the sale of food for human

5-9   consumption off the premises may allow the smoking of tobacco in a

5-10   public area of the store that is leased to or operated by a person who is

5-11   licensed pursuant to NRS 463.160 if the store was constructed before

5-12   October 1, 1999, or received final approval for construction before

5-13   October 1, 1999. On or after January 1, 2010, such a store may allow

5-14   smoking in that public area only if the area contains a method of

5-15   ventilation which substantially removes smoke from the area.

5-16    3.  If at any time before January 1, 2010, a store described in subsection

5-17   2 remodels 25 percent or more of the square footage of the entire public

5-18   area within the store, the store may continue to allow the smoking of

5-19   tobacco in a public area of the store that is leased to or operated by a

5-20   person who is licensed pursuant to NRS 463.160 only if the store includes

5-21   as part of the remodeling a method of ventilation which substantially

5-22   removes smoke from the area.

5-23    4.  For the purposes of this section, “partial wall” or “wall” may

5-24   include, without limitation, one or more gaming devices, as defined in

5-25   NRS 463.0155, if the gaming devices are configured together or in

5-26   conjunction with other structures to create a barrier that is similar to a

5-27   partial wall or wall.

 

5-28  H