Bill Text - HB1177 (2006)

(New Title) prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places.

Revision: Jan. 21, 2010, midnight


21Mar2006… 1172h





AN ACT prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places.

SPONSORS: Rep. S. Francoeur, Rock 15; Rep. MacKay, Merr 11; Rep. Infantine, Hills 13; Rep. Dokmo, Hills 6; Rep. Norelli, Rock 16; Sen. D’Allesandro, Dist 20; Sen. Hassan, Dist 23; Sen. Fuller Clark, Dist 24; Sen. Odell, Dist 8; Sen. Gottesman, Dist 12



This bill prohibits smoking in restaurants, cocktail lounges, and certain enclosed public places in New Hampshire.

This bill clarifies the smoking prohibited section of the indoor smoking act.

This bill also clarifies certain definitions under the indoor smoking act.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21Mar2006… 1172h




In the Year of Our Lord Two Thousand Six

AN ACT prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Indoor Smoking Act; Definition of “Effectively Segregated.” Amend RSA 155:65, V to read as follows:

V. “Effectively segregated” means all the following conditions have been met:

(a) Procedures for accurately and fairly determining preference have been followed;

(b) The size and location of no-smoking and smoking-permitted areas are designed, designated, or juxtaposed so that smoke does not cause harm or unreasonably intrude into the area occupied by persons who are not smoking;

[(c) A contiguous portion of the enclosed public place, including any seating arrangements, measures a minimum of 200 square feet, and at least one of the following 2 contingencies exist:

(1) There is a continuous, physical barrier such as a wall, partition or furnishing at least 56 inches in height to separate the no-smoking area from a smoking-permitted area. The barrier may contain doors or portals for exit and entry; or

(2) There is a space of at least 4 feet in width to separate the smoking-permitted and no-smoking areas. This space may be either an unoccupied area or a section of seating area representing a buffer zone in which smoking is not permitted, but which itself is not part of the no-smoking designated area;] and

[(d)] (c) In buildings where existing ventilation systems are in place, areas designated as smoking areas are located, where reasonably possible, proximate to exhaust vents.

2 Indoor Smoking Act; Definition of “Restaurant.” Amend RSA 155:65, XIV to read as follows:

XIV. “Restaurant” means any room or enclosed place used and kept open on a regular basis and in a bona fide manner for the serving of meals to guests for compensation. “Restaurant” shall include any restaurants in resorts, hotels, and motels.

3 Indoor Smoking Act; Smoking Prohibited. RSA 155:66 is repealed and reenacted to read as follows:

155:66 Smoking Prohibited.

I. Except as provided in RSA 155:67 and notwithstanding any law to the contrary, smoking is prohibited in:

(a) Public educational facilities at any time, and in child care agencies licensed under RSA 170-E during the hours of operation, except foster family homes and foster family group homes.

(b) Hospitals and other acute care facilities.

(c) Grocery stores by customers.

(d) Elevators, tramways, gondolas, and other such public conveyances.

(e) Public conveyances.

(f) Restaurants.

(g) Cocktail lounges.

(h) Enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public. Purposes for which such places may be open to the general public may include, but not be limited to, public meetings, voting, suppers, bingo games, theatrical events, fairs, and bazaars.

II. Smoking may be permitted in enclosed places of public access and publicly-owned buildings and offices, including workplaces, other than those listed in paragraph I, in effectively segregated smoking-permitted areas designated by the person in charge. Smoking shall be totally prohibited in any such enclosed place, if smoking cannot be effectively segregated. The person in charge may declare any facility non-smoking in its entirety.

4 Repeal. The following are repealed:

I. RSA 155:67, VIII, relative to an exemption for certain restaurants.

II. RSA 155:67, IX, relative to an exemption for cocktail lounges.

5 Effective Date. This act shall take effect 90 days after its passage.