AN ACT RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY ACT (In effect repeals the provisions of the newly enacted law prohibiting smoking in pari mutual facilities with the exception for businesses operating as a pari mutual facility smoking lounge.)

H8138

2026 -- H 8138
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LC005821
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY
ACT

Introduced By:
Representatives Tanzi, McGaw, Alzate, Boylan, Speakman, Donovan,
Cruz, Batista, Stewart, and Kislak

Date Introduced:
February 27, 2026

Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 23-20.10-2 and 23-20.10-6.1 of the General Laws in Chapter 23-
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20.10 entitled "Public Health and Workplace Safety Act" are hereby amended to read as follows:
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23-20.10-2. Definitions. [Effective January 1, 2027.]
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The following words and phrases, whenever used in this chapter, shall be construed as
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defined in this section:
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(1) “Assisted-living residence” means a residence that provides personal assistance and
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meals to adults in accordance with chapter 17.4 of this title.
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(2) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for
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consumption by guests on the premises and in which the serving of food is only incidental to the
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consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges,
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and cabarets.
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(3) “Business” means a sole proprietorship, partnership, joint venture, corporation, or other
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business entity formed for profit-making purposes, including retail establishments where goods or
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services are sold as well as professional corporations and other entities where legal, medical, dental,
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engineering, architectural, or other professional services are delivered.
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(4) “Electronic nicotine delivery system” means an electronic device that may be used to
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simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device,
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and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,

1
electronic pipe, or electronic hookah and any related device and any cartridge or other component
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of that device.
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(5) “Electronic nicotine delivery system store” means a retail store, excluding mall kiosks,
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utilized primarily for the sale of electronic nicotine delivery system products and accessories.
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(6) “Electronic smoking device establishment” means any business that sells food or
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alcohol and for which the principal or core business is selling electronic nicotine delivery system
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devices and where combustible substances are prohibited.
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(i) Effective July 1, 2018, all establishments that open thereafter must demonstrate
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quarterly, for a period of one year and annually thereafter, that the annual revenue generated from
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the serving of electronic nicotine delivery system devices is thirty-three percent (33%) or more of
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the total revenue for the establishment. Every such owner of an electronic smoking device
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establishment shall register no later than January 1 of each year with the division of taxation and
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shall provide, at a minimum, the owner’s name and address and the name and address of the
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electronic smoking device establishment. The division of taxation in the department of
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administration shall be responsible for the determination under this section and shall promulgate
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any rules or forms necessary for the implementation of this section.
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(7) “Employee” means a person who is employed by an employer in consideration for
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direct or indirect monetary wages or profit and a person who volunteers their services for a
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nonprofit entity.
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(8) “Employer” means a person, business, partnership, association, corporation, including
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a municipal corporation, trust, or nonprofit entity that employs the services of one or more
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individual persons.
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(9) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides
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by solid walls or windows (exclusive of doorways) that extend from the floor to the ceiling.
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(10) “Healthcare facility” means an office or institution providing care or treatment of
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diseases, whether physical, mental, emotional, or other medical, physiological, or psychological
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conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics,
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including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories,
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and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists
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within these professions. This definition shall include all waiting rooms, hallways, private rooms,
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semi-private rooms, and wards within healthcare facilities.
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(11) “Legislature” means the general assembly of the state of Rhode Island.
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(12)
“Pari mutual facility smoking lounge” means an enclosed area, including, but not
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limited to, a cigar bar, within any pari mutual facility established under chapter 3.1 or 7 of title 41

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or any pari mutual licensee under chapter 61.2 of title 42 with a proper ventilation system that will
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prevent the migration of smoke to nonsmoking areas.
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(13) “Place of employment” means an area under the control of a public or private
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employer that employees normally frequent during the course of employment, including, but not
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limited to, work areas, employees lounges, restrooms, conference rooms, meeting rooms,
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classrooms, employee cafeterias, and hallways. Vehicles owned by a public or private employer
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are covered under this definition provided that the vehicle is used by more than one person. A
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private residence is not a “place of employment” unless it is used as a childcare, adult daycare, or
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healthcare facility.
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(14) “Principal or core business” means a business whose majority of customers are
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utilizing electronic nicotine delivery systems during normal business hours.
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(15) “Public place” means an enclosed area to which the public is invited or in which the
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public is permitted, including, but not limited to, banks, bars, educational facilities, healthcare
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facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food
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production and marketing establishments, retail service establishments, retail stores, shopping
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malls, sports arenas, the state house, theaters, and waiting rooms. A private residence is not a
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“public place” unless it is used as a childcare, adult daycare, or healthcare facility.
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(16) “Restaurant” means an eating establishment, including, but not limited to, coffee
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shops, cafeterias, and private and public school cafeterias, that gives or offers for sale food to the
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public, guests, or employees, as well as kitchens and catering facilities in which food is prepared
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on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the
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restaurant.
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(17) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco,
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electronic cigarette products and accessories, or electronic nicotine delivery system products in
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which the total annual revenues generated by the sale of other products are no greater than twenty-
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five percent (25%) of the total revenue for the establishment. The division of taxation shall be
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responsible for the determination under this section and shall promulgate any rules or forms
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necessary for the implementation of this section.
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(18) “Service line” means an indoor line in which one or more persons are waiting for or
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receiving service of any kind, whether or not the service involves the exchange of money.
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(19) “Shopping mall” means an enclosed public walkway or hall area that serves to connect
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retail or professional establishments.
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(20) “Smoking” or “smoke” means inhaling, exhaling, burning, or carrying any lighted or
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heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product, or other

LC005821 - Page 3 of 6
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combustible substance in any manner or in any form intended for inhalation in any manner or form.
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“Smoking” or “smoke” also includes the use of electronic cigarettes, electronic cigars, electronic
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pipes, electronic nicotine delivery system products, or other similar products that rely on
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vaporization or aerosolization; provided, however, that smoking shall not include burning during a
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religious ceremony.
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(21)(i) “Smoking bar” means an establishment whose business is primarily devoted to the
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serving of tobacco products for consumption on the premises, in which the annual revenues
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generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the
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establishment and the serving of food or alcohol is only incidental to the consumption of the tobacco
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products. Effective July 1, 2015, all existing establishments and establishments that open thereafter
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must demonstrate quarterly, for a period of one year and annually thereafter, that the annual revenue
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generated from the serving of tobacco products is greater than fifty percent (50%) of the total
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revenue for the establishment, and the serving of food, alcohol, or beverages is only incidental to
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the consumption of the tobacco products. Every owner of a smoking bar shall register no later than
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January 1 of each year with the division of taxation and shall provide, at a minimum, the owner’s
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name and address and the name and address of the smoking bar. The division of taxation in the
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department of administration shall be responsible for the determination under this section and shall
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promulgate any rules or forms necessary for the implementation of this section.
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(ii) Smoking bars shall only allow consumption of food and beverages sold by the
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establishment on the premises and the establishment shall have public access only from the street.
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(iii) Any smoking bar, as defined herein, is required to provide a proper ventilation system
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that will prevent the migration of smoke into the street.
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(22) “Sports arena” means sports pavilions, stadiums, (indoor or outdoor) organized sports
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fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling
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alleys, and other similar places where members of the general public assemble to engage in physical
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exercise, participate in athletic competition, or witness sports or other events.
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23-20.10-6.1. Pari mutual facilities. [Effective January 1, 2027.]
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(a) Any pari mutual facility established under chapter 3.1 or 7 of title 41 or any pari mutual
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licensee under chapter 61.2 of title 42 shall
prohibit

provide designated
smoking
and nonsmoking
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gaming areas
in their facilities
, except as provided in subsection (b) of this section
.
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(b)
Any pari mutual facility established under chapter 3.1 of title 41 may provide an
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exemption to the prohibition on smoking for one “pari mutual facility smoking lounge”, as defined
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pursuant to § 23-20.10-2 located within the facility.
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The designated nonsmoking gaming area shall be physically separated from any smoking

LC005821 - Page 4 of 6
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area and shall be required to have separate and distinct ventilation systems so as to prohibit the
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migration of smoke into the nonsmoking area.
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(c) Except as provided for in subsection (d) of this section, any bar or restaurant located in
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a pari mutual facility shall be nonsmoking and be physically separate from any smoking area and
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shall have a separate ventilation system so as to prohibit the migration of smoke into the bar or
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restaurant.
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(d) The prohibitions of this chapter shall not apply to any bar which is presently in
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existence, located in, and not physically separated from a designated smoking area.
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(e) Any licensee of a pari mutual facility shall promulgate rules and regulations to allow
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their employees the right to work in a smoke free environment. These rules shall include, but not
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be limited to, provisions on the right to opt out of working in a smoking area and a provision that
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no adverse impact or action could take place against the employee if they request to opt out of a
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smoking area. The rules promulgated by the licensee shall be filed with the lottery commission
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with copies to the general assembly and the department of health no later than March 1, 2005.
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(f) Commencing January 1, 2005, any pari mutual licensee shall file an annual report with
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the lottery commission with copies to the general assembly and department of health detailing
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smoke mitigation efforts undertaken by the licensee during the previous year and plans for the
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upcoming year. The licensee shall be required to monitor air quality with current appropriate
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technology. A professional HVAC engineer (or other appropriate professional) shall certify the
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monitoring process and results. The results of the monitoring process shall be included in the annual
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report.
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(g) Any enactment relating to the provisions of this section on pari mutual facilities or
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licensees shall be by statute as enacted by the general assembly; provided, however, that the general
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assembly may by statute delegate such authority to the cities and towns.
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SECTION 2. This act shall take effect upon passage.
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LC005821
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- PUBLIC HEALTH AND WORKPLACE SAFETY
ACT
***
1
This act would in effect repeal the provisions of the newly enacted law prohibiting smoking
2
in pari mutual facilities with the exception for businesses operating as a pari mutual facility
3
smoking lounge.
4
This act would take effect upon passage.
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LC005821
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LC005821 - Page 6 of 6