§ 23-20.10-6.1 - Pari mutual facilities. - Rhode Island Statutes

SECTION 23-20.10-6.1

   § 23-20.10-6.1  Pari mutual facilities.– (a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 orany pari mutual licensee under chapter 61.2 of title 42 shall providedesignated smoking and nonsmoking gaming areas in their facilities.

   (b) The designated nonsmoking gaming area shall be physicallyseparated from any smoking area and shall be required to have separate anddistinct ventilation systems so as to prohibit the migration of smoke into thenonsmoking area.

   (c) Except as provided for in paragraph (d), any bar orrestaurant located in a pari mutual facility shall be nonsmoking and bephysically separate from any smoking area and shall have a separate ventilationsystem so as to prohibit the migration of smoke into the restaurant.

   (d) The prohibitions of this chapter shall not apply to anybar which is presently in existence, located in, and not physically separatedfrom a designated smoking area.

   (e) Any licensee of a pari mutual facility shall promulgaterules and regulations to allow their employees the right to work in a smokefree environment. These rules shall include, but not be limited to, provisionson the right to opt out of working in a smoking area and a provision that noadverse impact or action could take place against the employee if they requestto opt out of a smoking area. The rules promulgated by the licensee shall befiled with the lottery commission with copies to the general assembly and thedepartment of health no later than March 1, 2005.

   (f) Commencing January 1, 2005, any pari mutual licenseeshall file an annual report with the lottery commission with copies to thegeneral assembly and department of health detailing smoke mitigation effortsundertaken by the licensee during the previous year and plans for the upcomingyear. The licensee shall be required to monitor air quality with currentappropriate technology. A professional HVAC engineer (or other appropriateprofessional) shall certify the monitoring process and results. The results ofthe monitoring process shall be included in the annual report.

   (g) Any enactment relating to the provisions of this sectionon pari mutual facilities or licensees shall be by statute as enacted by thegeneral assembly, provided however that the general assembly may by statutedelegate such authority to the cities and towns.