Senate Bill No. 50–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to tobacco; authorizing school districts to adopt more stringent restrictions governing tobacco and products made from tobacco than restrictions imposed pursuant to state law under certain circumstances; revising the time by which certain stores must comply with certain provisions pertaining to smoking within public areas; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 202.249 is hereby amended to read as follows:

    202.249  1.  It is the public policy of the State of Nevada and

the purpose of NRS 202.2491, 202.24915 and 202.2492 to place

restrictions on the smoking of tobacco in public places to protect

human health and safety.

    2.  The quality of air is declared to be affected with the public

interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in

the exercise of the police power of this state to protect the health,

peace, safety and general welfare of its people.

    3.  Health authorities, police officers of cities or towns, sheriffs

and their deputies and other peace officers of this state shall, within

their respective jurisdictions, enforce the provisions of NRS

202.2491, 202.24915 and 202.2492. Police officers of cities or

towns, sheriffs and their deputies and other peace officers of this

state shall, within their respective jurisdictions, enforce the

provisions of NRS 202.2493, 202.24935 and 202.2494.

    4.  [An] Except as otherwise provided in subsection 5, an

agency, board, commission or political subdivision of this state,

including , without limitation, any agency, board, commission or

governing body of a local government, shall not impose more

stringent restrictions on the smoking, use, sale, distribution,

marketing, display or promotion of tobacco or products made from

tobacco than are provided by NRS 202.2491, 202.24915, 202.2492,

202.2493, 202.24935 and 202.2494.

    5.  A school district may, with respect to the property,

buildings, facilities and vehicles of the school district, impose

more stringent restrictions on the smoking, use, sale, distribution,

marketing, display or promotion of tobacco or products made from

tobacco than are provided by NRS 202.2491, 202.24915, 202.2492,

202.2493, 202.24935 and 202.2494.

    Sec. 2. NRS 202.24915 is hereby amended to read as follows:

    202.24915  1.  A store that is principally devoted to the sale of

food for human consumption off the premises may allow the

smoking of tobacco in a public area of the store that is leased to or

operated by a person who is licensed pursuant to NRS 463.160 if:

    (a) The entire interior public area of the store is 10,000 square

feet or less; or

    (b) The area:

        (1) Is segregated from the other public areas of the store by

two or more walls or partial walls, or any combination thereof, in a

configuration that includes at least one corner; and

        (2) Contains a method of ventilation which substantially

removes smoke from the area.

    2.  Except as otherwise provided in subsection 3, until

January 1, [2010,] 2007, a store that is principally devoted to the

sale of food for human consumption off the premises may allow the

smoking of tobacco in a public area of the store that is leased to or

operated by a person who is licensed pursuant to NRS 463.160 if the

store was constructed before October 1, 1999, or received final

approval for construction before October 1, 1999. On or after

January 1, [2010,] 2007, such a store may allow smoking in that

public area only if the area contains a method of ventilation which

substantially removes smoke from the area.

    3.  If at any time before January 1, [2010,] 2007, a store

described in subsection 2 remodels 25 percent or more of the square

footage of the entire public area within the store, the store may

continue to allow the smoking of tobacco in a public area of the

store that is leased to or operated by a person who is licensed

pursuant to NRS 463.160 only if the store includes as part of the

remodeling a method of ventilation which substantially removes

smoke from the area.

    4.  For the purposes of this section, “partial wall” or “wall” may

include, without limitation, one or more gaming devices, as defined

in NRS 463.0155, if the gaming devices are configured together or

in conjunction with other structures to create a barrier that is similar

to a partial wall or wall.

 

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