Update: April 10, 1999
The Amendment to the California Smoke Ban is moving it's way through the
California Assembly. The latest amendment from the author was passed and
referred to the legislative committee on Labour and Employment of April
6th.
If your browser doesn't support strikeout (you should see some words with lines through them, which indicates amended, deleted, items), then please click here.
California Assembly Bill AB 1159
.
BILL NUMBER: AB 1159 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 1999
INTRODUCED BY Assembly Members Granlund , Ashburn, and
Papan
FEBRUARY 25, 1999
An act to add Section 25621 to the Business and Professions
Code, and to add Sections 17252 and 24352.1 to the Revenue
and Taxation Code, relating to small business. Code,
relating to smoking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1159, as amended, Granlund. Small business:
restaurants, Smoking: bars, taverns, clubs
: smoking: taxation: depreciation .
The Alcoholic Beverage Control Act provides for the issuance of
various categories of alcoholic beverage licenses, including the
imposition of fees, conditions, and restrictions in connection with
the issuance of those licenses.
Existing law, with delineated exceptions, prohibits smoking of
tobacco products in enclosed spaces at places of employment.
This bill would permit smoking on the premises of a gaming club,
bar, or tavern, as defined, or a private, social, or entertainment
club, that meets specified requirements.
The Personal Income Tax Law and the Bank and Corporation Tax Law
allow various deductions, including various methods of determining
depreciation, in computing the income that is subject to the taxes
imposed by those laws.
This bill would authorize a deduction under those laws for the
depreciation of costs of various improvements paid or incurred during
the taxable or income year by retail establishments, restaurants,
and holders of on-sale general licenses issued by the Department of
Alcoholic Beverage Control, with gross receipts within designated
parameters, for repairs or improvements pursuant to a building or
other construction permit, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares:
- (a) Restaurants, clubs, taverns, and nightclubs are in the middle
of a continuing controversy surrounding tobacco products.
- (b) Single mothers and people working their way through college
have lost jobs and wages because of a law restricting the use of
tobacco products.
- (c) This controversy has cost the state millions of dollars in
lost income and productivity.
- (d) There is a need to establish a balance between the state's
interest in promoting public health, specifically with regard to
tobacco use, and the state's interest in supporting small businesses
and preserving individual liberties, specifically the option of
adults to choose whether to use tobacco products and be exposed to
tobacco smoke.
- (e) The State of California is a leader in both promoting public
health and in supporting individual liberties.
- (f) A complete ban on tobacco used in bars, taverns, and clubs
places an undue burden on business owners and has an adverse impact
on tourism.
- (g) Patrons of bars, taverns, and clubs should be encouraged to
choose whether to patronize a smoke-free establishment or one which
permits smoking.
- (h) Employees of bars, taverns, and clubs should be able to choose
whether to work for a smoke-free establishment or one which permits
smoking.
SEC. 2. Section 25621 is added to the Business and Professions
Code, to read:
25621.
- (a) Notwithstanding any other provision of law, an
establishment that is a gaming club as defined in paragraph (7) of
subdivision (d) of Section 6404.5 of the Labor Code, a bar or tavern
as defined in paragraph (8) of subdivision (d) of Section 6404.5 of
the Labor Code, or a private, social, or entertainment club, may
permit the smoking of tobacco products if it has obtained a permit
pursuant to subdivision (b) and where:
- (1) The establishment posts clear and prominent signs which:
- (A) State that, "This establishment permits smoking" at each
entrance to the facility.
- (B) Comply with paragraph (13) of subdivision (c) of Section
6404.5 of the Labor Code.
- (2) After June 1, 1999, the establishment informs all applicants
for employment, in writing, that smoking is permitted in the
establishment.
- (3) The establishment provides at least 45 days' notice to
employees and patrons by posting clear and prominent signs in the
following form:
Please note: Effective (insert date) this establishment will
permit smoking in the following designated areas (insert description
of designated smoking areas).
- (4) The establishment maintains a mechanical ventilation system
with the following minimum requirements:
- (A) Air from the smoking area shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking area shall not be
recirculated to other parts of the building.
- (B) Exhaust intakes for the mechanical ventilation system shall be
located as close as reasonably practicable to the specific locations
where tobacco smoke is generated (such as the bar or the gaming
tables).
- (C) Outside air intakes for the mechanical ventilation system
shall be located so as to minimize contamination by vehicle exhaust
and other point sources of air emissions.
- (D) Outside air intakes and exhaust vents for mechanical
ventilation systems shall be positioned sufficiently far apart to
prevent direct recirculation of exhausted air back into the outside
air intakes.
- (E) The mechanical ventilation system shall be operated
continuously at all times that smoking is permitted.
- (F) The mechanical ventilation system shall employ the Best
Available Control Technology (hereafter, BACT) to reduce tobacco
smoke for a particular application, including but not limited to,
mechanical air flow systems, electronic air cleaners, room air
cleaners, particulate filters including, but not limited to, HEPA
filtration systems, charcoal filtration, recovery wheels or
combinations of any of the above. The BACT for a particular
application shall be determined by a licensed heating, ventilating,
and air conditioning contractor pursuant to Sections 7058 and 7059.
- (G) The mechanical ventilation system shall be inspected at least
annually by a licensed heating, ventilating, and air conditioning
contractor, and any problems found during those inspections shall be
corrected within a reasonable period of time.
- (H) Inspection, cleaning, and maintenance of the mechanical
ventilation system shall be documented in writing.
- (I) The establishment shall document the name and license number
of the heating, ventilating, and air conditioning contractor
inspecting or maintaining the system, the date of the inspection or
maintenance, and the specific findings and actions taken. These
records shall be maintained for at least five years from the date of
each inspection, cleaning, or maintenance.
- (b) In the event that the conditions in subdivision (a) are met,
the establishment shall be issued an annual smoking permit by the
Department of Alcoholic Beverage Control, within 30 days of receipt
of an annual written application that includes:
- (1) A written description of the mechanical ventilation system,
including specifications provided by the manufacturer of the system.
- (2) A certification by a licensed heating, ventilating, and air
conditioning contractor that the establishment has met the
requirements described in paragraph (4) of subdivision (a).
- (3) The appropriate fee for the permit.
- (c) The permit shall be posted in a clear and prominent location
for review by employees and patrons of the establishment.
- (d) The fee for the smoking permit shall be set and utilized as
follows:
- (1) The Department of Alcoholic Beverage Control shall set the fee
for the smoking permit. The department shall set the fee at an
amount sufficient to pay the actual costs of the permit program.
- (2) All money collected from the fees provided for in this section
shall be deposited in the Alcoholic Beverage Control Fund.
- (e) If feasible, no employee of an establishment as defined in
subdivision (a) shall be required, in the performance of ordinary
work responsibilities, to enter any area in which smoking is
permitted.
- (f) If practical, an establishment which permits smoking shall
also establish a designated nonsmoking area.
SEC. 3. Section 17252 is added to the Revenue and Taxation Code,
to read:
17252. Notwithstanding any other provision of law, for each
taxable year beginning on or after January 1, 1999, and before
January 1, 2002, a qualified taxpayer, as defined in subdivision (a),
who expends twenty-five thousand dollars ($25,000) or more during
the taxable year for a repair or improvement undertaken pursuant to a
building or other construction permit issued by a local
jurisdiction, may elect to depreciate the total cost of that
expenditure pursuant to subdivision (b).
- (a) A qualified taxpayer shall meet the following requirements:
- (1) Own a business that has gross receipts, less returns and
allowances, of three million dollars ($3,000,000) or less during the
taxable year.
- (2) Own a retail establishment open to the public, a restaurant as
defined in Section 27507 of the Health and Safety Code, or an
establishment for which the owner possesses an on-sale general
license, pursuant to Section 23320 of the Business and Professions
Code.
- (b) Expenditures that qualify under this section may be
depreciated 100 percent of the cost of the repairs or improvements
over three years using the straight-line method of depreciation.
SEC. 4. Section 24352.1 is added to the Revenue and Taxation Code,
to read:
24352.1. Notwithstanding any other provision of law, for each
income year beginning on or after January 1, 1999, and before January
1, 2002, a qualified taxpayer, as defined in subdivision (a), who
expends twenty-five thousand dollars ($25,000) or more during the
income year for a repair or improvement undertaken pursuant to a
building or other construction permit issued by a local jurisdiction,
may elect to depreciate the total cost of that expenditure pursuant
to subdivision (b).
- (a) A qualified taxpayer shall meet the following requirements:
- (1) Own a business that has gross receipts, less returns and
allowances, of three million dollars ($3,000,000) or less during the
taxable year.
- (2) Own a retail establishment open to the public, a restaurant as
defined in Section 27507 of the Health and Safety Code, or an
establishment for which the owner possesses an on-sale general
license, pursuant to Section 23320 of the Business and Professions
Code.
- (b) Expenditures that qualify under this section may be
depreciated 100 percent of the cost of the repairs or improvements
over three years using the straight-line method of depreciation.
AB 1159 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE : A.B. No. 1159
AUTHOR(S) : Granlund, Ashburn, and Papan.
TOPIC : Smoking: bars, taverns, clubs.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 04/06/1999
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 04/06/1999
LAST HIST. ACTION : From committee chair, with author's amendments: Amend,
and re-refer to Com. on L. & E. Read second time and
amended.
COMM. LOCATION : ASM LABOR AND EMPLOYMENT
31 DAYS IN PRINT : 03/28/1999
TITLE : An act to add Section 25621 to the Business and
Professions Code, relating to smoking.
Victoria Freedom of Choice Coalition
This battle is not about smoking or second-hand smoke. But it is about BIG BROTHER threatening our basic human right of
FREEDOM OF CHOICE.
The Victoria Freedom of Choice Coalition is a non profit group of businesses, associations and concerned citizens. Donations to the "Victoria Freedom of Choice Coalition in Trust" will be accepted at the Royal Bank, Esquimalt Shopping Plaza, 65-1153 Esquimalt Rd. V9A 3M4. Or directly at the Esquimalt Inn, 856 Esquimalt Rd. V9A 3M4, Ph. 386 2152. Let us know what you think via the net, focc@mcdpri.com