BILL TEXT

AMENDED IN ASSEMBLY APRIL 6, 1999

INTRODUCED BY Assembly Members Granlund , Ashburn, and Papan

FEBRUARY 25, 1999

An act to add Section 25621 to the Business and Professions Code, relating to smoking.

LEGISLATIVE COUNSEL'S DIGEST

AB 1159, as amended, Granlund. Smoking: bars, taverns, clubs .

The Alcoholic Beverage Control Act provides for the issuance of various categories of alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.

Existing law, with delineated exceptions, prohibits smoking of tobacco products in enclosed spaces at places of employment.

This bill would permit smoking on the premises of a gaming club, bar, or tavern, as defined, or a private, social, or entertainment club, that meets specified requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares:

• (a) Restaurants, clubs, taverns, and nightclubs are in the middle of a continuing controversy surrounding tobacco products.
• (b) Single mothers and people working their way through college have lost jobs and wages because of a law restricting the use of tobacco products.
• (c) This controversy has cost the state millions of dollars in lost income and productivity.
• (d) There is a need to establish a balance between the state's interest in promoting public health, specifically with regard to tobacco use, and the state's interest in supporting small businesses and preserving individual liberties, specifically the option of adults to choose whether to use tobacco products and be exposed to tobacco smoke.
• (e) The State of California is a leader in both promoting public health and in supporting individual liberties.
• (f) A complete ban on tobacco used in bars, taverns, and clubs places an undue burden on business owners and has an adverse impact on tourism.
• (g) Patrons of bars, taverns, and clubs should be encouraged to choose whether to patronize a smoke-free establishment or one which permits smoking.
• (h) Employees of bars, taverns, and clubs should be able to choose whether to work for a smoke-free establishment or one which permits smoking.

SEC. 2. Section 25621 is added to the Business and Professions Code, to read:

25621.

• (a) Notwithstanding any other provision of law, an establishment that is a gaming club as defined in paragraph (7) of subdivision (d) of Section 6404.5 of the Labor Code, a bar or tavern as defined in paragraph (8) of subdivision (d) of Section 6404.5 of the Labor Code, or a private, social, or entertainment club, may permit the smoking of tobacco products if it has obtained a permit pursuant to subdivision (b) and where:
  • (1) The establishment posts clear and prominent signs which:
    • (A) State that, "This establishment permits smoking" at each entrance to the facility.
    • (B) Comply with paragraph (13) of subdivision (c) of Section 6404.5 of the Labor Code.
  • (2) After June 1, 1999, the establishment informs all applicants for employment, in writing, that smoking is permitted in the establishment.
  • (3) The establishment provides at least 45 days' notice to employees and patrons by posting clear and prominent signs in the following form:
    Please note: Effective (insert date) this establishment will permit smoking in the following designated areas (insert description of designated smoking areas).

  • (4) The establishment maintains a mechanical ventilation system with the following minimum requirements:
    • (A) Air from the smoking area shall be exhausted directly to the outside by an exhaust fan. Air from the smoking area shall not be recirculated to other parts of the building.
    • (B) Exhaust intakes for the mechanical ventilation system shall be located as close as reasonably practicable to the specific locations where tobacco smoke is generated (such as the bar or the gaming tables).
    • (C) Outside air intakes for the mechanical ventilation system shall be located so as to minimize contamination by vehicle exhaust and other point sources of air emissions.
    • (D) Outside air intakes and exhaust vents for mechanical ventilation systems shall be positioned sufficiently far apart to prevent direct recirculation of exhausted air back into the outside air intakes.
    • (E) The mechanical ventilation system shall be operated continuously at all times that smoking is permitted.
    • (F) The mechanical ventilation system shall employ the Best Available Control Technology (hereafter, BACT) to reduce tobacco smoke for a particular application, including but not limited to, mechanical air flow systems, electronic air cleaners, room air cleaners, particulate filters including, but not limited to, HEPA filtration systems, charcoal filtration, recovery wheels or combinations of any of the above. The BACT for a particular application shall be determined by a licensed heating, ventilating, and air conditioning contractor pursuant to Sections 7058 and 7059.
    • (G) The mechanical ventilation system shall be inspected at least annually by a licensed heating, ventilating, and air conditioning contractor, and any problems found during those inspections shall be corrected within a reasonable period of time.
    • (H) Inspection, cleaning, and maintenance of the mechanical ventilation system shall be documented in writing.
    • (I) The establishment shall document the name and license number of the heating, ventilating, and air conditioning contractor inspecting or maintaining the system, the date of the inspection or maintenance, and the specific findings and actions taken. These records shall be maintained for at least five years from the date of each inspection, cleaning, or maintenance.
• (b) In the event that the conditions in subdivision (a) are met, the establishment shall be issued an annual smoking permit by the Department of Alcoholic Beverage Control, within 30 days of receipt of an annual written application that includes:
  • (1) A written description of the mechanical ventilation system, including specifications provided by the manufacturer of the system.
  • (2) A certification by a licensed heating, ventilating, and air conditioning contractor that the establishment has met the requirements described in paragraph (4) of subdivision (a).
  • (3) The appropriate fee for the permit.

• (c) The permit shall be posted in a clear and prominent location for review by employees and patrons of the establishment.
• (d) The fee for the smoking permit shall be set and utilized as follows:
  • (1) The Department of Alcoholic Beverage Control shall set the fee for the smoking permit. The department shall set the fee at an amount sufficient to pay the actual costs of the permit program.
  • (2) All money collected from the fees provided for in this section shall be deposited in the Alcoholic Beverage Control Fund.

• (e) If feasible, no employee of an establishment as defined in subdivision (a) shall be required, in the performance of ordinary work responsibilities, to enter any area in which smoking is permitted.
• (f) If practical, an establishment which permits smoking shall also establish a designated nonsmoking area.

AB 1159 Assembly Bill - Status

	CURRENT BILL STATUS


MEASURE	:  A.B. No. 1159
AUTHOR(S)	:  Granlund, Ashburn, and Papan.
TOPIC	:  Smoking: bars, taverns, clubs.
HOUSE LOCATION	:  ASM
+LAST AMENDED DATE  :  04/06/1999


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  04/06/1999
LAST HIST. ACTION   :  From committee chair, with author's amendments:  Amend,
	and re-refer to Com. on  L. & E. Read second time and
	amended.
COMM. LOCATION	:  ASM LABOR AND EMPLOYMENT
31 DAYS IN PRINT	:  03/28/1999

TITLE	:  An act to add Section 25621 to the Business and
	Professions Code, relating to smoking.

This battle is not about smoking or second-hand smoke. But it is about BIG BROTHER threatening our basic human right of FREEDOM OF CHOICE.