OCR Text |
Show Amendments to the Utah Glean Air Act - Smoking In Private Establishments: Protected Right or Public Threat? Logan Sisam Utah Code, (1994) Title 26- 38- 1, enacted by chapter 281. Utah Code, (1994) Title 26-38-4, enacted by chapter 281. Utah State Legislature. 2005. 3 Feb. House of Representatives & Senate. Retrieved July 1, 2005 from www.le.state.ut/house/ index.htm Utah State Legislature. 2006. 01 May. House of Representatives & Senate. Retrieved May 1, 2006 from www.le.state.ut/house/ index.htm Waddoups, M. 2005. General Legislative Session, S.B. 77 Talking Points. Washington v. Glucksberg. 1997. 521 U.S. 702, 721. Appendix A Definitions of "Place of Public Access" and "Publicly Owned Building" "Place of public access" means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses. This is slightly different than "Publicly owned building or office" which means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. It was publicly owned building or offices that were banned from allowing smoking. (Utah Code, chapter 38 1994). The exceptions are that any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or their guests or families; or any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor; workplace smoking areas (Section 26-38-5, 1994); areas not commonly open to the public, areas that are not defined as Places of Public access, of owner-operated businesses having no employees other than the owner-operator; guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas of these facilities, including dining areas and lobby areas; taverns, (Section 32A-1-105); private clubs; "Private club" means a private club licensed under Title 32A, (Chapter 5, Private Club Liquor Licenses.) and separate enclosed smoking areas: located in the passenger terminals of an international airport located in the city of the first class; vented directly to the outdoors; and certified, by a heating, ventilation, and air conditioning engineer licensed by the state, to prevent the drift of any smoke to any nonsmoking area of the terminal (Ch 281, 1994). Section 26-38-4 Adjoining private clubs and public places - Grandfather provisions. If a private club and an adjoining place of public access as described under Subsection share air space or ventilation on January 1, 1995, smoking is prohibited in the place of public access, but smoking is allowed in the private club under Section 26-38-3. Subsection applies to any place of public access that: on January 1, 1995, is in operation or regarding which actual physical construction has begun; and adjoins or will adjoin when completed a private club that on January 1, 1995 is licensed under Title 32A, Chapter 5, Private Club Liquor Licenses, and is in operation. If a place of public access is not in operation or actual physical construction of the place has not begun on January 1, 1995, the place of public access may not adjoin a private club that allows smoking unless the place of public access: is separated from the adjoining private club by a continuous physical barrier; does not share air space with the private club; and has ventilation completely separate from that of the private club. (1994) Appendix B Senate Bill 77, Amendments To The Utah Indoor Glean Air Act Sponsor: Senator Michael G. Waddoups, amends the Indoor Clean Air Act to remove the exemption for private clubs and taverns; repeals the section of the Indoor Clean Air Act that grand fathered adjoining private clubs and public places that shared ventilation systems and were built prior to the act. This simply put, would ban all smoking in not only public establishments but also eliminate any exceptions that are given to private establishments. This would make it illegal to allow any smoking in all establishments. The bill, also included provisions that ... Smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices, except under Subsection (2). (2) Subsection (1) does not apply to: any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or their guests or families; or any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor; workplace smoking areas as provided in Section 26-38-5; areas not commonly open to the public of owner-operated businesses having no employees other than the owner-operator; guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas of these facilities, including dining areas and lobby areas; and [(e) taverns, as defined in Section 32A-1-105;] [(f) private clubs; and] [(g)] (e) separate enclosed smoking areas: located in the passenger terminals of an international airport located in the city of the first class; vented directly to the outdoors; and certified, by a heating, ventilation, and air condi- 12 |