Chapter 243
2015 -- H 5224 AS AMENDED
Enacted 07/15/2015

A N   A C T
RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY ACT

Introduced By: Representatives Tanzi, Handy, Lombardi, Fogarty, and Maldonado
Date Introduced: January 29, 2015

It is enacted by the General Assembly as follows:
     SECTION 1. Section 23-20.10-2 of the General Laws in Chapter 23-20.10 entitled
"Public Health and Workplace Safety Act" is hereby amended to read as follows:
     23-20.10-2. Definitions. -- The following words and phrases, whenever used in this
chapter, shall be construed as defined in this section:
      (1) "Assisted living residence" means a residence that provides personal assistance,
assistance and meals to adults in accordance with chapter 17.4 of this title.
      (2) "Bar" means an establishment that is devoted to the serving of alcoholic beverages
for consumption by guests on the premises and in which the serving of food is only incidental to
the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail
lounges and cabarets.
      (3) "Business" means a sole proprietorship, partnership, joint venture, corporation, or
other business entity formed for profit-making purposes, including retail establishments where
goods or services are sold as well as professional corporations and other entities where legal,
medial, dental, engineering, architectural or other professional services are delivered.
      (4) "Employee" means a person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, profit and a person who volunteers his or her
services for a nonprofit entity.
      (5) "Employer" means a person, business, partnership, association, corporation,
including a municipal corporation, trust or nonprofit entity that employs the services of one or
more individual persons.
      (6) "Enclosed area" means all space between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of doorways), which (exclusive of doorways) that
extend from the floor to the ceiling.
      (7) "Health care facility" means an office or institution providing care or treatment of
diseases, whether physical, mental, emotional, or other medical, physiological or psychological
conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics,
including weight control clinics, nursing homes, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and
all specialists within these professions. This definition shall include all waiting rooms, hallways,
private rooms, semi-private rooms rooms, and wards within health care facilities.
      (8) "Place of employment" means an area under the control of a public or private
employer that employees normally frequent during the course of employment, including, but not
limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms,
classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer
are covered under this definition provided that the vehicle is used by more than one person. A
private residence is not a "place of employment" unless it is used as a child care, adult day care
care, or health care facility.
      (9) "Public place" means an 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 care
facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments, retail stores, shopping
malls, sports arenas, the state house, theaters and waiting rooms. A private residence is not a
"public place" unless it is used as a child care, adult day care care, or health care facility.
      (10) "Restaurant" means an eating establishment, including, but not limited to, coffee
shops, cafeterias, and private and public school cafeterias, which that gives or offers for sale
food to the public, guests guests, or employees, as well as kitchens and catering facilities in
which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include
a bar area within the restaurant.
      (11) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories in which the total annual revenues generated by the sale of other
products are no greater than twenty-five percent (25%) of the total revenue for the establishment.
The division of taxation shall be responsible for the determination under this section and shall
promulgate any rules or forms necessary for the implementation of this section.
      (12) "Service line" means an indoor line in which one or more persons are waiting for or
receiving service of any kind, whether or not the service involves the exchange of money.
      (13) "Shopping mall" means an enclosed public walkway or hall area that serves to
connect retail or professional establishments.
      (14) "Smoking" means inhaling, exhaling, burning burning, or carrying any lighted
cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form;
provided, however, that smoking shall not include burning during a religious ceremony.
      (15) (a) "Smoking bar" means an establishment whose business is primarily devoted to
the serving of tobacco products for consumption on the premises, in which the annual revenues
generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the
establishment and the serving of food or alcohol is only incidental to the consumption of such
tobacco products. The establishment must annually demonstrate that revenue generated from the
serving of tobacco products is greater than the total combined revenue generated by the serving of
beverages and food. Effective July 1, 2015, all existing establishments and establishments that
open thereafter must demonstrate quarterly, for a period of one year and annually thereafter, that
the annual revenue generated from the serving of tobacco products is greater than fifty percent
(50%) of the total revenue for the establishment, and the serving of food, alcohol, or beverages is
only incidental to the consumption of such tobacco products. Every owner of a smoking bar shall
register no later than January 1 of each year with the division of taxation and shall provide, at a
minimum, the owner's name and address and the name and address of the smoking bar. The
division of taxation in the department of administration shall be responsible for the determination
under this section and shall promulgate any rules or forms necessary for the implementation of
this section.
      (b) Smoking bars shall only allow consumption of food and beverages sold by the
establishment on the premises and the establishment shall have public access only from the street.
      (c) Any smoking bar bar, as defined herein, is required to provide a proper ventilation
system which that will prevent the migration of smoke into the street.
      (16) "Sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized
sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks,
bowling alleys alleys, and other similar places where members of the general public assemble to
engage in physical exercise, participate in athletic competition competition, or witness sports or
other events.
      (17) "Legislature" means the general assembly of the state of Rhode Island.
     SECTION 2. This act shall take effect upon passage.
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