Committee Sub. for SB NO. 2648

                             By Senator(s) Hamilton

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:


     SECTION 1.  The following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:

          (a)  "Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is only incidental to the consumption of those beverages.  For the purposes of this paragraph, the term "bar" does not include any establishment where cigarette smoke can filter into any area where smoking is prohibited through a passageway, ventilation system or any other means.

          (b)  "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, excluding doors or passageways, that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling or are not solid, office landscaping or similar structures.

          (c)  "Public conveyance" means buses, taxis, trains, trolleys, boats and other means of public transit when used for public conveyance.

          (d)  "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health facilities, laundromats, public conveyances, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, sports arenas, theaters and waiting rooms.  A private residence is not a "public place."

          (e)  "Restaurant" means any coffee shop, cafeteria, sandwich stand, or any other eating establishment that gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" does not include a cocktail lounge or tavern if the cocktail lounge or tavern is a "bar" as defined in paragraph (a) of this section.

          (f)  "Smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product.

          (g)  "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in or witness physical exercise, athletic competition or other sports entertainment events.

     SECTION 2.  (1)  Not later than January 1, 2004, municipalities and counties shall adopt ordinances prohibiting smoking in all enclosed public places in the State of Mississippi.

     (2)  Notwithstanding any other provision of this section to the contrary, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility is a nonsmoking establishment.

     SECTION 3.  This act shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or to prohibit any municipality or county from adopting additional ordinances with regard to the use of smoking in public places.

     SECTION 4.  This act shall take effect and be in force from and after its passage.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following: