Hello Everyone,
As promised here is some more information. The House Bill is HF257 and the authors are Howes, Emmer, Hackbarth, Solberg and Rukavina. It was introduced today and was referred to the Health Care and Human Services Policy and Oversight . Please keep an open mind regarding this bill.....another bill will be introduced some time next week with other type exemptions.
Sheila
H.F. No. 257, as introduced - 86th Legislative Session (2009-2010) Posted on Jan 21, 2009
1.2relating to health; permitting smoking in certain bars; amending Minnesota
1.3Statutes 2008, section 144.4167, by adding a subdivision.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 144.4167, is amended by adding a
1.6subdivision to read:
1.7 Subd. 10. Bars. Sections 144.414 to 144.417 do not prohibit smoking in a bar
1.8provided it has a ventilation system that will exchange indoor air at least two times per
1.9hour and an on-sale intoxicating liquor license, an on-sale nonintoxicating malt liquor
1.10license, an on-sale 3.2 percent malt liquor license, a wine license, or a strong beer liquor
1.11license; and:
1.12(1) the bar's sales of beer, nonintoxicating malt liquor, 3.2 percent malt liquor, wine,
1.13and intoxicating liquor are demonstrated for an existing licensee to be, or for an initial
1.14licensee projected to be, more than 50 percent of the total net sales of food and beverages,
1.15after taxes, that are served in the establishment. For the purposes of this section, "sales"
1.16are the sales reported to the Department of Revenue from the most recent calendar year; or
1.17(2) the bar:
1.18(i) is separated from the restaurant on all sides by continuous floor-to-ceiling walls,
1.19which are interrupted only by closable doors that are continuously closed, except when a
1.20person is actively entering or exiting the bar;
1.21(ii) has ventilation systems that are totally separated from the restaurant, with the bar
1.22maintaining a negative air pressure in relation to the adjacent restaurant;
1.23(iii) does not permit entrance or employment of minors at any time notwithstanding
1.24section 340A.503, subdivision 4, paragraph (b); and
2.1(iv) has a food or beverage license, which is separate from the restaurant, issued by
2.2the appropriate licensing agency.
1.3Statutes 2008, section 144.4167, by adding a subdivision.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 144.4167, is amended by adding a
1.6subdivision to read:
1.7 Subd. 10. Bars. Sections 144.414 to 144.417 do not prohibit smoking in a bar
1.8provided it has a ventilation system that will exchange indoor air at least two times per
1.9hour and an on-sale intoxicating liquor license, an on-sale nonintoxicating malt liquor
1.10license, an on-sale 3.2 percent malt liquor license, a wine license, or a strong beer liquor
1.11license; and:
1.12(1) the bar's sales of beer, nonintoxicating malt liquor, 3.2 percent malt liquor, wine,
1.13and intoxicating liquor are demonstrated for an existing licensee to be, or for an initial
1.14licensee projected to be, more than 50 percent of the total net sales of food and beverages,
1.15after taxes, that are served in the establishment. For the purposes of this section, "sales"
1.16are the sales reported to the Department of Revenue from the most recent calendar year; or
1.17(2) the bar:
1.18(i) is separated from the restaurant on all sides by continuous floor-to-ceiling walls,
1.19which are interrupted only by closable doors that are continuously closed, except when a
1.20person is actively entering or exiting the bar;
1.21(ii) has ventilation systems that are totally separated from the restaurant, with the bar
1.22maintaining a negative air pressure in relation to the adjacent restaurant;
1.23(iii) does not permit entrance or employment of minors at any time notwithstanding
1.24section 340A.503, subdivision 4, paragraph (b); and
2.1(iv) has a food or beverage license, which is separate from the restaurant, issued by
2.2the appropriate licensing agency.
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