SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
SECTION 1. House Bill 1018, H.D. 2, S.D. 2, is amended by amending page 19, line 6 to page 20, line 3, to read as follows:
"(q) Class 16. Smoking establishment dispensers' licenses. A license under this class shall authorize the licensee to sell liquors for consumption in enclosed premises in which smoking, as defined in section 328J-1, and excepted in section 328J-7 is allowed. A licensee under this class shall be issued a license according to the category of establishment the licensee owns or operates. The categories of establishments shall be as follows:
(1) A standard bar;
(2) A premise in which live entertainment or recorded music is provided. Facilities for dancing by the patrons may be permitted as provided by commission rules.
(3) A premise in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to commission rules; or
(4) A premise in which employees or entertainers are compensated to sit with patrons, regardless of whether the employees or entertainers are consuming nonalcoholic beverages while in the company of the patrons pursuant to commission rules.
SECTION 2. House Bill 1018, H.D. 2, S.D. 2, is amended by adding a new Section 8 to read as follows:
"SECTION 8. Section 328J-1, Hawaii Revised Statutes, is amended by amending the definitions of "bar" and "restaurant" to read as follows:
""Bar" means an establishment
that is devoted to the serving of alcoholic beverages for consumption by guests
on the premises regardless of whether food is served, including but not limited
to taverns, cocktail lounges, and cabarets, including outdoor areas of bars[.];
provided that establishments operating with a class 16 license issued under
section 281-31 shall not be included.
"Restaurant" means an eating
establishment, including but not limited to coffee shops, cafeterias, sandwich
stands, and private and public school cafeterias, which 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[.];
provided that establishments operating with a class 16 license issued under
section 281-31 shall not be included. The term "restaurant"
includes a bar area within the restaurant and outdoor areas of
restaurants.""
SECTION 3. House Bill 1018, H.D. 2, S.D. 2, is amended by adding a new Section 9 to read as follows:
"SECTION 9. Section 328J-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J‑7[]]
Exceptions. Notwithstanding any other provision of this chapter to the
contrary, the following areas shall be exempt from the provisions of sections
328J‑3, 328J‑4, and 328J‑5:
(1) Private residences, except when used as a licensed child care, adult day care, or health care facility;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;
(4) Establishments operating with a class 16 smoking establishment dispensers' license issued under section 281-31;
[(4)] (5) Private and semiprivate rooms
in nursing homes and long-term care facilities that are occupied by one or more
persons, all of whom are smokers and have requested in writing to be placed in
a room where smoking is permitted; provided that smoke from these places shall
not infiltrate into areas where smoking is prohibited under this chapter;
[(5)] (6) Outdoor areas of places of
employment except those covered by the provisions of sections 328J‑3 and
328J‑5;
[(6)] (7) All areas covered by this
chapter when smoking is part of a production being filmed; and
[(7)] (8) State correctional
facilities.""
SECTION 4. House Bill 1018, H.D. 2, S.D. 2, is amended by renumbering Sections 8 and 9 as Sections 10 and 11, respectively.
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