SB 397 - AS INTRODUCED

2002 SESSION

02-3121

01/09

SENATE BILL 397

AN ACT prohibiting smoking in restaurants in New Hampshire.

SPONSORS: Sen. Wheeler, Dist 21; Rep. Manning, Ches 9; Rep. French, Merr 3; Rep. Pilliod, Belk 3; Rep. M. Fuller Clark, Rock 36

COMMITTEE: Public Affairs

ANALYSIS

This bill prohibits all smoking in any restaurant where serving food is the primary function.

This bill also requires cocktail lounges to be enclosed places.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-3121

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT prohibiting smoking in restaurants in New Hampshire.

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

1 Cocktail Lounges to be Enclosed. Amend RSA 155:65, I to read as follows:

I. "Cocktail lounge" means only that portion or specified area of a restaurant, hotel, motel, convention center or resort which is used primarily to serve liquor or other alcoholic beverages, irrespective of whether or not food is also served there. For the purposes of this paragraph, a "cocktail lounge" shall be an enclosed place.

2 New Paragraph; Prohibition Added. Amend RSA 155:66 by inserting after paragraph VII the following new paragraph:

VIII. Notwithstanding RSA 155:66, I, restaurants where serving food is the primary function.

3 New Section; Municipal Ordinances. Amend RSA 155 by inserting after section 77 the following new section:

155:78 Municipal Ordinances. Nothing in this subdivision shall be construed to restrict the power of any municipality to adopt local laws, ordinances, and regulations that are more stringent than this subdivision.

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

5 Effective Date. This act shall take effect January 1, 2003.