HB2742.DOC

SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§328J-A Smoking permit; application; renewal; compliance. (a) No bar or establishment subject to section 328J-3(4), shall permit smoking on its premises without a smoking permit issued pursuant to rules adopted by the department.

(b) Each initial permit application under this section shall be accompanied by a fee of $ for a smoking permit valid for one year. For renewal of a permit, each applicant shall pay a fee of $ per year. Initial permit application and renewal fees may be increased by not more than $ per year. All smoking permits shall expire on December 31 of each year. The application for a permit renewal shall be submitted to the department in writing on or before December 31 annually.

(c) The smoking permit application and renewal form shall include the applicant's name, address, and the proposed locations on the applicant's premises where smoking shall be allowed. Each form shall be signed by the applicant and by the issuing authority. One copy of the initial smoking permit and any subsequent renewal application forms shall be retained by the department as a permanent official record.

(d) The department shall conduct site inspections and monitoring to ensure compliance with the terms of smoking permits and this chapter.

(e) The department shall suspend, refuse to renew, reinstate, or restore, or deny any permit or application if the department discovers through its inspection that the bar or establishment has failed to comply with the terms of its permit or this chapter.

(f) No later than January 1, 2011, the director shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section, including:

(1) Preparing any forms that may be necessary;

(2) Establishing schedules and conditions for site inspections and monitoring; and

(3) Providing for the issuance of permits.

§328J-B Smoking permit compliance special fund. (a) There is established in the state treasure treasury the smoking permit compliance monitoring fund, into which shall be deposited:

(1) Smoking permit application fees;

(2) Smoking permit renewal fees;

(3) All accrued interest from the fund; and

(4) Appropriations made by the legislature.

(b) Moneys in the smoking permit compliance special fund shall be used to:

(1) Fund administrative, inspection, and compliance activities associated with smoking permits; and

(2) Fund associated office expenses.

§328J-C Employees; acknowledgment form. Each employee of a bar or other establishment that elects to allow smoking pursuant to section 328J‑3(4) on the entire premises or in a separately enclosed or partially enclosed designated area shall sign a standardized acknowledgment form, to be developed by the department, that affirms the employee's knowledge and acceptance of the health risks and potential adverse consequences of inhaling secondhand smoke within the bar, regardless of whether the employee works in the smoking or non-smoking area of the bar."

SECTION 2. Section 328J-1, Hawaii Revised Statutes, is amended by amending the definition of "bar" to read as follows:

""Bar" means an establishment [~~that is devoted to the~~] whose primary business is the serving of alcoholic beverages for consumption by guests on the premises regardless of whether food is served, including but not limited to standalone bars or bars that share the premises with another business such as a restaurant, taverns, cocktail lounges, and cabarets, including outdoor areas of bars."

SECTION 3. Section 328J-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§328J‑3[]] Prohibition in enclosed or partially enclosed places open to the public. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;

(2) Aquariums, galleries, libraries, and museums;

(3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;

(4) Bars; provided that a bar that is issued a permit pursuant to section 328J-A, including a standalone bar or a bar that shares the premises with another business such as a restaurant, may elect to allow smoking on its premises:

(A) A standalone bar that does not share its premises with another business such as a restaurant, may designate:

(i) The entire premises; or

(ii) A separately enclosed or partially enclosed area of the premises,

where smoking is allowed; provided that the bar shall ensure that smoke from any designated smoking area does not infiltrate into areas where smoking is prohibited;

(B) A bar that shares its premises with another business, such as a restaurant, may designate:

(i) The entire area of the premises occupied by the bar; or

(ii) A separately enclosed or partially enclosed area of a portion of the premises occupied by the bar,

where smoking is allowed; provided that the bar shall ensure that smoke from any designated smoking area does not infiltrate into areas where smoking is prohibited;

(C) The bar clearly and conspicuously posts clearly legible signs that include the words "Smoking Allowed Anywhere on the Premises" or "Smoking Allowed in Designated Smoking Area Only", as appropriate, with letters not less than one inch in height in and at the entrance to the bar;

(5) Bowling alleys;

(6) Convention facilities;

(7) Educational facilities, both public and private;

(8) Elevators;

(9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;

(10) Health care facilities;

(11) Hotel and motel lobbies, meeting rooms, and banquet facilities;

(12) Licensed child care and adult day care facilities;

(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;

(14) Nightclubs;

(15) Polling places;

(16) Restaurants;

(17) Retail stores;

(18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;

(19) Service lines; and

(20) Shopping malls."

SECTION 4. Section 328J-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§328J‑15[]] County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter[.], except that no county shall prohibit smoking within an establishment that has a valid smoking permit pursuant to 328J-A.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter[.], except that no county shall prohibit smoking within an establishment that has a valid smoking permit pursuant to 328J-A."

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2742
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII