3rd Reading Unamended

April 28, 2005


Amended 2nd Reading

April 27, 2005

First Regular Session

Sixty-fifth General Assembly



This Version Includes All Amendments

Adopted in the House of Introduction

LLS NO. 05-0881.01 Bart Miller                                                SENATE BILL 05-207




Larson, Lindstrom, Benefield, Borodkin, Green, Plant, Soper, and Todd

Senate Committees

House Committees

State, Veterans & Military Affairs











Concerning the prohibition of smoking in certain food service establishments, and, in connection therewith, prohibiting smoking in food service establishments that do not serve alcohol beverages and in those that possess hotel and restaurant licenses to sell alcohol beverages.



Bill Summary


           (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)


           Enacts the "Colorado Clean Indoor Air Act" (act). Makes legislative findings and declares that the purpose of the act is to preserve and improve the health, comfort, and environment of the people of this state by limiting exposure to tobacco smoke.

           Defines terms used in the act.

           Specifies that to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted in any indoor enclosed area, including, but not limited to: Public meetings; elevators; government-owned or -operated means of mass transportation, including, but not limited to, buses, vans, and trains; taxicabs and limousines; grocery stores; gymnasiums; jury waiting and deliberation rooms; courtrooms; child day care facilities; health care facilities, including hospitals, health care clinics, doctor's offices, and other health-care-related facilities; any place of employment not exempted; restrooms, lobbies, reception areas, hallways, and other common-use areas; restaurants; bars; limited gaming facilities; indoor sports arenas; lobbies, hallways, and other common areas in apartment buildings, condominiums, and other multiple-unit residential facilities; lobbies, hallways, and other common areas in hotels and motels, and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests; bowling alleys; billiard or pool halls; retirement facilities and nursing homes, not including any private residence; public buildings; auditoria; theaters; museums; libraries; public and nonpublic schools; facilities in which games of chance are conducted, and other educational and vocational institutions. In the case of employers exempted from this act, requires those employers to provide a smoke-free work area for every employee requesting not to have to breathe environmental tobacco smoke and establishes that every employee has a right to work in an area free of environmental tobacco smoke.

           Makes exceptions to the general prohibitions of smoking for private homes, residences, and automobiles; limousines under private hire; hotel rooms so long as the total percentage of the hotel or motel rooms does not exceed 25%; retail tobacco businesses; and the outdoor area of any business.

           Permits the owner or manager of any place to post, at such owner or manager's discretion, signs prohibiting smoking or providing smoking and nonsmoking areas, which posting will have the effect of including such areas within the places where smoking is prohibited or restricted under the act.

           Permits local authorities to enact smoking regulations that cover the same subject matter as the provisions of this act. Specifies that no local regulations can be less stringent than this act. Allows enforcement of such local regulations through the municipal courts or their equivalent in any city, city and county, or town.

           Makes violation of the act a class 2 petty offense punishable by a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year, and a fine not to exceed $500 for each additional violation within a calendar year. Deems each day of a continuing violation a separate violation of the act.

           Makes it an unfair employment practice, unfair housing practice, and a discriminatory practice for a place of public accommodation to retaliate against any person or discharge any employee for requesting enforcement of the act or reporting a violation.

           Repeals provisions of current law that are inconsistent with the provisions of the act.




Be it enacted by the General Assembly of the State of Colorado:

           SECTION 1.  25-14-102 (1), Colorado Revised Statutes, is amended, and the said 25-14-102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

           25-14-102.  Definitions. As used in this article, unless the context otherwise requires:

           (1)  "Food service establishment" means any area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.

           (1) (1.5)  "Public meeting" means any meeting required to be open to the public pursuant to part 4 of article 6 of title 24, C.R.S.

           SECTION 2.  25-14-103 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

           25-14-103.  Smoking prohibited in certain public places. (1)  Except as otherwise provided in this subsection (1), smoking is prohibited in the following public places:

           (g)  Any food service establishment that does not possess a license to sell alcohol beverages under article 47 of title 12, C.R.S.;

           (h)  Any food service establishment that possesses a hotel and restaurant license to sell alcohol beverages under article 47 of title 12, C.R.S.

           SECTION 3.  25-14-103 (2), Colorado Revised Statutes, is amended to read:

           25-14-103.  Smoking prohibited in certain public places. (2)  Restaurants not covered under paragraphs (g) and (h) of subsection (1) of this section and taverns are not subject to the specific prohibitions of this article, but restaurants not covered under paragraphs (g) and (h) of subsection (1) of this section and taverns are encouraged, whenever possible, to seat nonsmokers in an area away from smokers. Any public place where food is sold or served and in which neither a smoking nor a nonsmoking area is designated shall post a sign in a conspicuous place at or inside its entrance indicating whether or not provisions have been made for nonsmokers.

           SECTION 4.  Effective date. This act shall take effect July 1, 2005.

           SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.