[atlas:bill]

AN ACT Relating to restricting smoking in public places; amending RCW 70.160.020, 70.160.030, 70.160.040, and 70.160.050; adding a new section to chapter 70.160 RCW; and creating a new section.

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

Sec. 1. RCW 70.160.020 and 1985 c 236 s 2 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

(1) "Lounge or lounge area" means an area used primarily for the preparation, sale, and service of liquor, and is licensed for that use at all times by the liquor control board. Persons under twenty-one years of age are not permitted to enter or remain in a lounge or lounge area, except as otherwise provided under law.

(2) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

((~~(2)~~)) (3) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission.

Public places include, but are not limited to: Elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, and reception areas. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities ((~~which~~)) that are occasionally open to the public except upon the occasions when the facility is open to the public.

((~~(3)~~)) (4) "Public card room" means the area of the premises of a for-profit retail business that has been specifically set aside or designated by the licensee and approved by the gambling commission for the playing of cards by members of the public as a commercial stimulant to the business in accordance with chapter 9.46 RCW and the rules of the gambling commission.

(5) "Restaurant" means any building, structure, or area used, maintained, or advertised as, or held out to the public to be, an enclosure where meals are made available to be consumed on the premises, for consideration of payment.

Sec. 2. RCW 70.160.030 and 1985 c 236 s 3 are each amended to read as follows:

No person may smoke in a public place except in an area designated as a smoking area((s)) under RCW 70.160.040.

Sec. 3. RCW 70.160.040 and 1985 c 236 s 4 are each amended to read as follows:

(1) ((~~A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:~~

(a) Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state of Washington or by any city, county, or other municipality in the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisle ways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and

(b) Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated. Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.

~~Except as provided in other provisions of this chapter,~~)) No public place, other than a bar, tavern, ((~~bowling alley~~)) public card room, tobacco shop, lounge or lounge area, or ((~~restaurant~~)) private hire bus or taxi, may be designated as a smoking area ((~~in its entirety~~)). If a bar, tavern, public card room, tobacco shop, lounge or lounge area, or ((~~restaurant~~)) private hire bus or taxi is designated as a smoking area ((~~in its entirety~~)), this designation shall be posted conspicuously ((on)) at all entrances normally used by the public.

(2) Where a smoking area((~~s are~~)) is designated under this section in a public place adjacent to a nonsmoking area, ((~~existing~~)) physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas as follows:

(a) Designated smoking areas must be separate and fully enclosed on all sides by solid walls or windows that extend from floor to ceiling, and have a full door between the designated smoking area and an adjacent nonsmoking public place. The door must remain closed when not actively in use by patrons or staff for entrance or exit.

(b) Designated smoking areas must be ventilated at a rate of at least sixty cubic feet per minute per smoker (calculated on the basis of the maximum number of smokers expected during the course of normal operations), which ventilation may be supplied by transfer air from adjacent areas.

(c) Sufficient negative pressure must be maintained at all times in designated smoking areas to prevent smoke migration to adjacent nonsmoking areas.

(d) Designated smoking areas must operate with a separate mechanical exhaust system and be exhausted directly outside, without recirculation of air to nonsmoking areas.

(e) If the mechanical exhaust system, negative pressure, or other barriers or ventilation mechanisms for a designated smoking area are not operating properly, smoking must be prohibited in the area until repairs are completed.

(3) ((Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke. Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas. Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.

~~(4) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge~~)) In all public places, the means of access between the main entrance to the building and all areas within the building not designated as smoking areas must remain a smoke-free area. A separate entrance may be maintained for direct entry from outside the building into a designated smoking area.

(4) Public places must be either designated as smoking areas under this chapter at all times or must remain smoke-free at all times.

Sec. 4. RCW 70.160.050 and 1985 c 236 s 5 are each amended to read as follows:

Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall make every reasonable effort to prohibit smoking in public places by posting signs prohibiting or permitting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of restaurants, bowling centers, skating rinks, retail stores, and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. The boundary between a nonsmoking area and a designated smoking ((~~permitted~~)) area shall be clearly designated so that persons may differentiate between the two areas, and must also be posted with a notice that persons under twenty-one years of age are not permitted to enter or remain in a designated smoking area.

NEW SECTION. Sec. 5. A new section is added to chapter 70.160 RCW to read as follows:

This chapter may not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

NEW SECTION. Sec. 6. For locations that possess an occupancy permit as of January 1, 2002, this act applies beginning January 1, 2005. For locations that do not possess an occupancy permit as of January 1, 2002, this act applies beginning July 1, 2002.