Report Title:

Smoking; Stand-Alone Adult Entertainment Businesses; Exception

Description:

Allows smoking in a stand-alone adult entertainment business, providing signage outside the premises warns that smoking is permitted within the premises.  Adds definition of "stand-alone adult entertainment business".

THE SENATE	S.B. NO.	218
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to smoking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 328J-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Stand-alone adult entertainment business" means an establishment, including a bar or nightclub that is self-contained and is not part of or connected to a restaurant, in which an activity to which a minor would not be able to legally gain admittance is conducted, including but not limited to:

(1) Performing of exotic entertainment;

(2) Nude, exotic, or lap dancing; or

(3) Showing of film, video, still picture, electronic reproduction, or other visual reproduction depicting:

(A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

(B) Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitalia;

(C) Scenes wherein a person displays the anus or genitalia; or

(D) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above."

     SECTION 2.  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)  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)  Outdoor areas of places of employment except those covered by the provisions of sections 328J‑3 and 328J‑5;

     (6)  All areas covered by this chapter when smoking is part of a production being filmed; [and]

     (7)  State correctional facilities[.]; and

(8) Stand-alone adult entertainment businesses; provided that a clearly legible sign with letters of not less than one inch in height is displayed outside the premises warning the public that the establishment permits smoking within the premises."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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