71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4151
 
                           A-Engrossed
 
                         House Bill 3953
                  Ordered by the House April 20
            Including House Amendments dated April 20
 
Sponsored by Representative BROWN (at the request of Oregon
  Restaurant Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits local governments from enacting smoking ordinances
 { +  dealing with restaurants, bowling centers and certain bingo
games + } that are more restrictive than state law { +  unless
local government ordinance was passed before January 1, 1999 + }.
Prohibits smoking in restaurants except in areas posted
off-limits to minors.
 
                        A BILL FOR AN ACT
Relating to smoking; creating new provisions; amending ORS
  433.850; and repealing ORS 433.870.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 433.850 is amended to read:
  433.850. (1) Pursuant to rules adopted by the Health Division,
a proprietor or person in charge of a public place may designate
areas in which smoking is permitted.
  (2) No public place may be designated in its entirety as a
smoking area except:
  (a) Cocktail lounges and taverns.
  (b) Enclosed offices or rooms occupied exclusively by smokers,
even though the offices or rooms may be visited by nonsmokers.
  (c) Rooms or halls being used for private social functions
where the seating arrangements are under the control of the
sponsor of the function.
  (d) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
    { - (e) Restaurants with seating capacity for 30 or fewer
patrons or restaurants with air filtration systems meeting the
standards established pursuant to ORS 433.855. - }
  (3) Notwithstanding any other provisions of ORS 433.835 to
433.875 and 433.990 (5)  { - , - }  { + :
  (a) Smoking is not permitted in any restaurant, as defined in
ORS 624.010, except in those restaurants or areas of restaurants
posted as off-limits to minors under rules promulgated by the
Oregon Liquor Control Commission.
  (b) + } In the case of restaurants, as defined in ORS 624.010,
 { +  rooms or halls being used by a charitable, fraternal or
religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270, + } or bowling centers, nothing
in ORS 433.835 to 433.875 and 433.990 (5) is intended to prevent
the owner or person in charge from expanding or contracting the
size of the smoking area to meet the requirements of patrons.
  (4) The proprietor or person in charge of a public place,
except places described in subsection (2) of this section, shall
post appropriate signs.
  SECTION 2.  { + ORS 433.870 is repealed. + }
  SECTION 3.  { + Section 4 of this 2001 Act is added to and made
a part of ORS 433.835 to 433.875. + }
  SECTION 4.  { + (1) A local government may not prohibit smoking
in any areas of restaurants posted as off-limits to minors under
rules promulgated by the Oregon Liquor Control Commission, in
bowling centers, or in rooms or halls being used by a charitable,
fraternal or religious organization to conduct bingo games under
a license issued pursuant to ORS 464.270 unless the local
government prohibition was passed before January 1, 1999.
  (2) As used in this section, 'local government' means any
county, district, municipality, port or political subdivision of
this state. + }
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