2006 Regular Session
To: Public Health and Human Services
By: Representative Bentz
AN ACT TO CREATE THE MISSISSIPPI SMOKE FREE RESTAURANT ACT; TO PROVIDE DEFINITIONS OF CERTAIN TERMS; TO PROHIBIT SMOKING IN ALL RESTAURANTS IN THE STATE OF MISSISSIPPI; TO PROVIDE FOR EXCEPTIONS TO THE SMOKING RESTRICTIONS FOR CERTAIN FACILITIES; TO PROVIDE FOR THE POSTING OF NO SMOKING SIGNS AT RESTAURANTS; TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT REGULATIONS AND PENALTIES REGARDING VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Smoke Free Restaurant Act."
SECTION 2. As used in this act, the following words and phrases shall have the meanings provided 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.
(b) "Enclosed" means enclosed on all sides by solid walls or windows, excluding doors or passageways, that extend from the floor to the ceiling.
(c) "Restaurant" means any indoor or enclosed eating establishment that gives or offers for sale food to the public.
(d) "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.
SECTION 3. (1) Smoking is prohibited in all restaurants in the State of Mississippi.
(2) Notwithstanding the provision of subsection (1) of this section, the following are not subject to the smoking restrictions of this act:
(a) A restaurant while the entire restaurant is being used for a private function.
(b) A bar that is not part of a restaurant.
(c) A bar that is part of a restaurant if the bar is a separate enclosed area that is closed off to the main seating area of the restaurant with doors or full walls, and tobacco smoke from the bar cannot filter into the main seating area of the restaurant through a ventilation system.
(d) A restaurant or bar located on the premises of any facility licensed by the Mississippi Gaming Commission.
(3) Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited in the restaurant.
SECTION 4. The State Board of Health shall adopt and promulgate regulations and penalties regarding the violations of this act not later than ninety (90) days after the effective date of this act.
SECTION 5. This act shall not be interpreted or construed to prohibit any municipality or county from adopting ordinances with regard to smoking in restaurants or other public places.
SECTION 6. This act shall take effect and be in force from and after July 1, 2006.