S.P. 437 - L.D. 1346
An Act To Protect Workers from Secondhand Smoke and To Promote Worker Safety
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 8 MRSA §275-D, sub-§1, as amended by PL 1999, c. 421, §1, is further amended to read:
1. Off-track betting on simulcast racing. A person may conduct pari-mutuel wagering at an off-track betting facility that is licensed under this section, if the person is licensed to operate a hotel, as defined in Title 28-A, section 2, subsection 15, paragraph H, with public dining facilities, a Class A restaurant, as defined in Title 28-A, section 2, subsection 15, paragraph R, or a Class A restaurant/lounge, as defined in Title 28-A, section 2, subsection 15, paragraph R-1
, or an off-track betting facility as defined in Title 28-A, section 2, subsection 15, paragraph R-2.
Sec. 2. 22 MRSA §1541, sub-§4, as amended by PL 1999, c. 54, §1, is further amended to read:
4. Public place. "Public place" means any place
, including a restaurant, not open to the sky into which the public is invited or allowed. Except as provided in section 1542, subsection 2, paragraph J, a private residence is not a public place.
Sec. 3. 22 MRSA §1541, sub-§5, as repealed and replaced by PL 1999, c. 54, §2, is repealed.
Sec. 4. 22 MRSA §1542, sub-§2, ¶G, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.
Sec. 5. 22 MRSA §1542, sub-§2, ¶N is enacted to read:
N. Smoking is not prohibited in designated smoking areas in an off-track betting facility or simulcast racing facility at a commercial track, if that facility is licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003, as long as:
(1) No sales or services are provided in the designated smoking area, except that television equipment and stand-alone betting terminals or other means of placing wagers may be provided;
(2) No employees work in or are required to pass through the designated smoking area;
(3) Members of the public, except for those who choose to be present in the designated smoking area, are not required to utilize or pass through the designated smoking area for any purpose; and
(4) No one under 18 years of age is permitted in the designated smoking area.
Sec. 6. 22 MRSA §1542, sub-§3, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.
Sec. 7. 28-A MRSA §2, sub-§15, ¶¶R-2 and R-3, as enacted by PL 1999, §421, §3, are repealed.
Sec. 8. 28-A MRSA §1011-A, sub-§3, as amended by PL 1999, c. 421, §§4 and 5, is further amended to read:
3. Eligible premises. The following premises are eligible for a Class XI license:
A. Class A restaurant/lounge
B. Off-track betting facilities.
Sec. 9. 28-A MRSA §1051, sub-§2, as amended by PL 1999, c. 421, §6, is further amended to read:
2. Local approval of application for license.
Except for licenses issued pursuant to section 1063-A, the The initial application for the license must first be approved under section 653 by the municipal officers of the municipality in which the applicant's premises are located or, if the premises are located in an unincorporated place, the application must be approved by the county commissioners of the county within which the unincorporated place is located.
Sec. 10. 28-A MRSA §1063-A, as enacted by PL 1999, c. 421, §7, is repealed.
Sec. 11. 28-A MRSA §1063-B, sub-§§2 and 3, as enacted by PL 1999, c. 760, §4, are repealed.
Sec. 12. 28-A MRSA §1065, sub-§4, as amended by PL 1999, c. 568, §2, is further amended to read:
4. Minors not allowed on premises. Minors are not permitted to remain on the premises except when:
A. The minor is accompanied by a parent, legal guardian or custodian as defined in Title 22, section 4002; or
B. The licensee does not permit consumption of liquor on the premises for a specific period of time or event
C. Wagering on harness horse racing is being conducted in accordance with Title 8, chapter 11 and the minor is at least 18 years of age.
Sec. 13. Transfer. Notwithstanding any other provision of law, the State Controller shall transfer $243,750 from the Fund for a Healthy Maine Other Special Revenue Funds account in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund no later than June 30, 2004.
Sec. 14. Effective date. This Act takes effect January 1, 2004.
Effective January 1, 2004.
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