D.C. Law 21-194. Sporting Events Tobacco Products Restriction Amendment Act of 2016.

D.C. Law 21-194. Sporting Events Tobacco Products Restriction Amendment Act of 2016.

AN ACT

To amend the District of Columbia Smoking Restriction Act of 1979 to prohibit smoking and the use of tobacco products, such as chewing tobacco and electronic smoking devices, at event sites for organized sporting events.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Sporting Events Tobacco Products Restriction Amendment Act of 2016".

Sec. 2. The District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1701 et seq.), is amended as follows:

Amend § 7-1701

(a) Section 2(b) (D.C. Official Code § 7-1701(b)) is amended by striking the phrase "public." and inserting the phrase "public and to protect children from exposure to the use of tobacco products by prohibiting their use in event sites for organized sporting events." in its place.

Amend § 7-1702

(b) Section 3 (D.C. Official Code § 7-1702) is amended as follows:

(1) A new paragraph (1B) is added to read as follows:

"(1B) "Event site for organized sporting events" means the entire physical area of a site that is designed for hosting organized sporting events, such as a stadium or arena, and includes all open, semi-open, and enclosed spaces and structures within the site, such as playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, recreational areas, press boxes, television and radio broadcasting booths, and stadium parking lots.".

(2) Paragraph (3) is amended by striking the phrase "his designated agent" and inserting the phrase "his or her designated agent" in its place.

(3) A new paragraph (3A) is added to read as follows:

"(3A) "Organized sporting events" means games or athletic competitions related to baseball, softball, football, basketball, ice hockey, field hockey, track and field, wrestling, boxing, lacrosse, or soccer, or any other event involving a game or athletic competition organized by a league or association of persons, including a professional, amateur, youth recreational, or school-sponsored league.".

(4) Paragraph (7) is amended to read as follows:

"(7) "Smoking" or "to smoke" means the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.".

(5) A new paragraph (8) is added to read as follows:

"(8) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device, as that term is defined in section 4915(1) of the Department of Health Functions Clarification Act of 2001, effective April 4, 2006 (D.C. Law 16-90; D.C. Official Code § 7-741.01(1)). The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. § 301 et seq.). ".

Amend § 7-1703

(c) Section 4 (D.C. Official Code § 7-1703) is amended as follows:

(1) The existing text is designated as subsection (a).

(2) The newly designated subsection (a) is amended as follows:

(A) Paragraph (3) is amended by striking the phrase "or to the Robert F. Kennedy Memorial Stadium".

(B) Paragraph (4) is amended by striking the phrase "except as provided in section 3(1)" and inserting the phrase "except as provided in section 3(1A)" in its place.

(3) A new subsection (b) is added to read as follows:

"(b) The use of tobacco products shall be prohibited at event sites for organized sporting events at all times, regardless of their present use.".

Amend § 7-1703.04

(d) Section 4d(a) (D.C. Official Code § 7-1703.04(a)) is amended by striking the phrase "stating that smoking is not permitted" and inserting the phrase "stating that smoking or the use of tobacco products is not permitted" in its place.

Amend § 7-1704

(e) Section 5 (D.C. Official Code § 7-1704) is amended by adding a new subsection (a-3) to read as follows:

"(a-3) In any event site for organized sporting events, the owner, lessee, manager, operator, or person in charge of the event site for organized sporting events shall post or cause to be posted signs that read, "No Use of Tobacco Products." Signs posted shall clearly state the maximum fine for a violation of this act. Signs shall be visible to the public at every entrance to the event site for organized sporting events and in all dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, bathrooms, vendor areas, press boxes, and television and radio broadcast booths.".

Amend § 7-1705

(f) Section 6 (D.C. Official Code § 7-1705) is amended as follows:

(1) Subsection (a) is amended as follows:

(A) The lead-in language is amended by striking the phrase "facility or vehicle where smoking is prohibited" and inserting the phrase "facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited" in its place.

(B) Paragraph (1) is amended by striking the phrase "appropriate 'No-Smoking' signs" and inserting the phrase "appropriate 'No Smoking' or 'No Use of Tobacco Products' signs" in its place.

(C) Paragraph (2) is amended by striking the phrase "persons observed smoking in violation of this act to refrain from smoking" and inserting the phrase "persons observed smoking or using tobacco products in violation of this act to refrain from smoking or using tobacco products" in its place.

(2) Subsection (b) is amended by striking the phrase "facility" each time it appears and inserting the phrase "facility or event site for organized sporting events" in its place.

(3) Subsection (d) is amended by striking the phrase "facility or vehicle where smoking is prohibited" and inserting the phrase "facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited" in its place.

Amend § 7-1706

(g) Section 7 (D.C. Official Code § 7-1706) is amended as follows:

(1) Paragraph (1) is amended as follows:

(A) Strike the phrase "Smoking in a posted 'No Smoking' area or defacing or removing a 'No Smoking' sign" and insert the phrase "Smoking or using tobacco products in a posted 'No Smoking' or 'No Use of Tobacco Products' area or defacing or removing a 'No Smoking' or 'No Use of Tobacco Products' sign" in its place.

(B) Strike the phrase "as set forth in section 5(a)" and insert the phrase "as set forth in sections 5(a) and (a-3)" in its place.

(2) Paragraph (3) is amended by striking the phrase "Failing to post or cause to be posted or to maintain 'No Smoking' signs and by failing to warn a smoker observed to be smoking in violation of this act to stop smoking" and inserting the phrase "Failing to post or cause to be posted 'No Smoking' or 'No Use of Tobacco Products' signs and by failing to warn a smoker or user of tobacco products observed to be smoking or using tobacco products in violation of this act to stop doing so" in its place.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.