H.B. 217

1

UTAH INDOOR CLEAN AIR ACT
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Neil A. Hansen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill provides an exception to the Utah Indoor Clean Air Act.
11 Highlighted Provisions:
12 This bill:
13 . excludes from the smoking prohibition of the Utah Indoor Clean Air Act, a business
14 that receives at least 25% of its annual gross receipts from the on-site sale of
15 tobacco; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-38-3, as last amended by Laws of Utah 2007, Chapter 20
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 26-38-3 is amended to read:
27 26-38-3. Restriction on smoking in public places and in specified places --

28 Exceptions.
29 (1) Except as provided in Subsection (2), smoking is prohibited in all enclosed indoor
30 places of public access and publicly owned buildings and offices.
31 (2) Subsection (1) does not apply to:
32 (a) areas not commonly open to the public of owner-operated businesses having no
33 employees other than the owner-operator;
34 (b) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
35 similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
36 of these facilities, including dining areas and lobby areas;
37 (c) before January 1, 2009, taverns, as defined in Section 32A-1-105 , that are:
38 (i) licensed on or before May 15, 2006; or
39 (ii) licensed on or before May 15, 2006 and after May 15, 2006 undergo a change in
40 ownership;
41 (d) before January 1, 2009, class D private clubs, as defined in Section 32A-5-101 , that
42 are:
43 (i) licensed on or before May 15, 2006; or
44 (ii) licensed on or before May 15, 2006 and after May 15, 2006 undergo a change in
45 ownership;
46 (e) before January 1, 2009, class B private clubs, as defined in Section 32A-5-101 that:
47 (i) are licensed:
48 (A) on or before May 15, 2006; or
49 (B) on or before May 15, 2006 and after May 15, 2006 undergo a change in ownership;
50 and
51 (ii) do not permit an individual under the age of 21 in the class B private club, unless
52 the individual is active military; [and]
53 (f) separate enclosed smoking areas:
54 (i) located in the passenger terminals of an international airport located in the city of
55 the first class;
56 (ii) vented directly to the outdoors; and
57 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
58 state, to prevent the drift of any smoke to any nonsmoking area of the terminal[.]; and

59 (g) a business that receives at least 25% of its annual gross receipts from the on-site
60 sale of tobacco.




Legislative Review Note
as of 10-20-08 10:37 AM

Office of Legislative Research and General Counsel