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Introduced by   Representatives Perry of Richford, Atkins of Winooski, Baker of West Rutland, Corcoran of Bennington, Donaghy of Poultney, Gervais of Enosburg, Howrigan of Fairfield, Kennedy of Chelsea, Krawczyk of Bennington, McAllister of Highgate, Molloy of Arlington, Parent of St. Albans City, Valliere of Barre City and Wright of Burlington

Referred to Committee on


Subject:  Health; smoking in public places; private clubs

Statement of purpose:  This bill proposes to permit smoking in private clubs when the public is not invited.


It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 1741(2) is amended to read:

(2)  “A place of public access” means any place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses, including buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, bars and cabarets, retail stores, grocery stores, libraries, theaters, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art galleries, sports and fitness facilities, planetariums, historical sites, common areas of nursing homes, hospitals, resorts, hotels and motels, including the lobbies, hallways, elevators, restaurants, restrooms, cafeterias, and buildings or facilities owned or operated by a social, fraternal, or religious club when nonmembers or the general public, or both, are permitted or invited into the building.

Sec. 2.  18 V.S.A. § 1743 is amended to read:

§ 1743.  Exceptions

The restrictions in this chapter on possession of lighted tobacco products shall not apply to:

(1)  Workplace smoking areas designated under subchapter 2 of chapter 28 of this title.

(2)  Areas not commonly open to the public of owner-operated businesses with no employees.

(3)  Buildings owned and operated by social, fraternal, or religious organizations only during times when the building is used solely by members of the organization and neither nonmembers nor the public is permitted or invited into the building.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont