§ 23-20.10-6.1. Pari mutual facilities. [Effective until January 1, 2027.]
(a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari
mutual licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking gaming areas in their facilities.
(b) The designated nonsmoking gaming area shall be physically separated from any smoking
area and shall be required to have separate and distinct ventilation systems so as
to prohibit the migration of smoke into the nonsmoking area.
(c) Except as provided for in paragraph (d), any bar or restauran
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§ 23-20.10-6.1. Pari mutual facilities. [Effective until January 1, 2027.]
(a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari
mutual licensee under chapter 61.2 of title 42 shall provide designated smoking and nonsmoking gaming areas in their facilities.
(b) The designated nonsmoking gaming area shall be physically separated from any smoking
area and shall be required to have separate and distinct ventilation systems so as
to prohibit the migration of smoke into the nonsmoking area.
(c) Except as provided for in paragraph (d), any bar or restaurant located in a pari mutual
facility shall be nonsmoking and be physically separate from any smoking area and
shall have a separate ventilation system so as to prohibit the migration of smoke
into the restaurant.
(d) The prohibitions of this chapter shall not apply to any bar which is presently in
existence, located in, and not physically separated from a designated smoking area.
(e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow
their employees the right to work in a smoke free environment. These rules shall include,
but not be limited to, provisions on the right to opt out of working in a smoking
area and a provision that no adverse impact or action could take place against the
employee if they request to opt out of a smoking area. The rules promulgated by the
licensee shall be filed with the lottery commission with copies to the general assembly
and the department of health no later than March 1, 2005.
(f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with
the lottery commission with copies to the general assembly and department of health
detailing smoke mitigation efforts undertaken by the licensee during the previous
year and plans for the upcoming year. The licensee shall be required to monitor air
quality with current appropriate technology. A professional HVAC engineer (or other
appropriate professional) shall certify the monitoring process and results. The results
of the monitoring process shall be included in the annual report.
(g) Any enactment relating to the provisions of this section on pari mutual facilities
or licensees shall be by statute as enacted by the general assembly, provided however
that the general assembly may by statute delegate such authority to the cities and
towns.