The purpose of this article is to:
A. Protect the public health and welfare by prohibiting smoking in public
places and places of employment; and
B. Guarantee the right of nonsmokers to breathe smoke-free air.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ASSISTED LIVING FACILITY
A community-based residential facility, as defined in § 50.01(1g),
Wis. Stats., a residential care apartment complex, as defined in § 50.01(6d),
Wis. Stats., or an adult family home, as defined in § 50.01(1),
Wis. Stats.
BAR
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including but not limited to taverns, nightclubs, cocktail lounges,
and cabarets.
CHILD-CARE FACILITY
Any state-licensed or County-certified child-care facility,
including but not limited to licensed family day-care or licensed
group day-care centers, licensed day camps, certified school-age programs
and Head Start programs.
EDUCATIONAL FACILITY
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
EMPLOYEE
Any person who is employed by any employer for direct or
indirect monetary wages or profit, including those full-time, part-time,
temporary or contracted for from a third party. "Employee" also means
any person who serves as a volunteer for a business or nonprofit entity.
EMPLOYER
Any person, partnership, limited liability company, corporation,
or other entity, including a public or nonprofit entity, who or which
employs the services of one or more persons.
EMPLOYMENT
Any trade, occupation, or process of manufacture or any method
of carrying on such trade, occupation, or process of manufacture in
which any person may be engaged.
ENCLOSED SPACE
A structure or area that has both a roof and more than two
substantial walls.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
or psychological conditions, including but not limited to hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, long-term care facilities, homes for the aging
or chronically ill, laboratories, and offices of surgeons, chiropractors,
physical therapists, physicians, psychiatrists, dentists, and all
specialists within these professions. This definition shall include
all waiting rooms, hallways, private rooms, semiprivate rooms, and
wards within health care facilities.
PERSON IN CHARGE
The person, or his or her agent, who ultimately controls,
governs or directs the activities aboard a public conveyance or within
or at a place where smoking is regulated under this article, regardless
of the person's status as owner or lessee.
PLACE OF EMPLOYMENT
Any enclosed place that employees normally frequent during
the course of employment, including an office, a work area, an elevator,
an employee lounge, a rest room, a conference room, a meeting room,
a classroom, a hallway, a stairway, a lobby, a common area, a vehicle,
or an employee cafeteria.
PRIVATE RESIDENCE
Premises owned, rented or leased for temporary or permanent
habitation.
PUBLIC PLACE
Any enclosed place that is open to the public, regardless
of whether a fee is charged, or a place to which the public has lawful
access or may be invited.
SMOKING
Burning, holding, or inhaling or exhaling smoke from any
lighted cigarette, cigar, pipe or similar tobacco product or other
lighted plant product.
SPORTS ARENA
Any stadium, pavilion, bleachers, gymnasium, swimming pool,
skating rink, bowling center, or other building where spectator sporting
events are held.
SUBSTANTIAL WALL
A wall with no opening or with an opening that either does
not allow air in from the outside or is less than 25% of the wall's
surface area.
TAVERN
Any establishment, other than a restaurant, that holds a
"Class B" intoxicating liquor license or Class "B" fermented malt
beverage license.
TOBACCO PRODUCT
Any form of tobacco prepared in a manner suitable for smoking,
but not including a cigarette.
No person in charge may allow any person to smoke in violation of §
403-50 at a location that is under the control or direction of the person in charge.
A. A person in charge may not provide matches, ashtrays, or other equipment
for smoking at the location where smoking is prohibited.
B. A person in charge shall make reasonable effort to prohibit persons
from smoking at a location where smoking is prohibited by doing all
of the following:
(1) Posting signs setting forth the prohibition and providing other appropriate
notification and information concerning the prohibition.
(2) Refusing to serve a person, if the person is smoking in a restaurant,
tavern, or private club.
(3) Asking a person who is smoking to refrain from smoking and, if the
person refuses to do so, asking the person to leave the location.
C. If a person refuses to leave a location after being requested to do so as provided in Subsection
B(3), the person in charge shall immediately notify the local law enforcement agency of the violation.