AMENDMENT FOR PRINTED BILL
1240js

___________________ moved that HB 1240 be amended as follows:

     On page 2, line 11 of the printed bill, after "provisions" insert "of sections 1 to 3, inclusive,".

     On page 2, between lines 12 and 13, insert:

"      Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(6) or (7), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room.

     Section 6. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:

             (1)    Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;

             (2)    Has a humidor on the premises; and

             (3)    Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.

     Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

     Any establishment meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income.

     Section 7. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any retail tobacco store that meets the following requirements:

             (1)    Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;

             (2)    Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and

             (3)    Does not allow the consumption of alcoholic beverages on the premises.

     Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income.".