SUMMARY--Revises provisions governing smoking in public places where services are provided to children. (BDR 15-578)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to tobacco; revising the provisions governing the smoking of tobacco in public places where services are provided to children; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections [5 and 6,] 6 and 7, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel , when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) [Child care] Children's facility.
(g) Bus used by the general public, other than a chartered bus, or in [any] a maintenance facility or office associated with a bus system operated by [any] a regional transportation commission.
(h) School bus.
2. [The] A person in control of an area listed in paragraph (c), (d), (e) [, (f)] or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in [any] a place that is not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area [which] that may be used for smoking.
3. [The] A person in control of a public building [:
(a) Shall post] shall:
(a) Post in the area signs prohibiting smoking in [any] a place not designated for that purpose as provided in paragraph (b).
(b) [Shall, except] Except as otherwise provided in [this subsection,] subsection 4, designate a separate area [which] that may be used for smoking.
[A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.]
4. A person in control of a children's facility:
(a) Shall post in the facility signs prohibiting smoking; and
(b) Shall not designate an area within the facility that may be used for smoking.
5. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
[5.] 6. A business [which] that derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
[6.] 7. The smoking of tobacco is not prohibited in:
(a) [Any] A room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment [which] that may or may not be used for smoking.
[7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.]
8. As used in this section:
(a) ["Child care facility" means an establishment] "Children's facility" includes a child care facility licensed pursuant to chapter 432A of NRS [to provide care for 13 or more children.] or an enclosed building or any portion of an enclosed building in which:
(1) Kindergarten, elementary or secondary education is;
(2) Library services are;
(3) Health care is; or
(4) Early childhood development services are,
provided on a temporary or permanent basis to children, but does not include any portion of an enclosed building that is used for the treatment of a person who is an alcoholic as defined by subsection 3 of NRS 458.010 or a drug addict as defined by NRS 458.290 and does not include a private residence.
(b) "Licensed gaming establishment" has the meaning ascribed to it in NRS 463.0169.
(c) "Public building" means [any] a building or office space owned or occupied by:
(1) [Any] A component of the University and Community College System of Nevada and used for [any] a purpose related to the system.
(2) The State of Nevada and used for [any] a public purpose [,] other than that used by the department of prisons to house or provide other services to offenders.
(3) [Any] A county, city, school district or other political subdivision of the state and used for [any] a public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building [which] that is so owned or occupied.
(d) "School bus" has the meaning ascribed to it in NRS 483.160.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective upon passage and approval.