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Legislative Year: 2023 Change

Bill Detail: SB23-171

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Title Large Entertainment Facility Substance-free Seating Requirement
Status Senate Committee on Finance Postpone Indefinitely (03/28/2023)
Bill Subjects
  • Public Health
House Sponsors
Senate Sponsors K. Priola (D)
House Committee
Senate Committee Finance
Date Introduced 02/27/2023

Section 1 of the bill requires an entertainment facility with a
seating capacity of 7,000 seats or more to designate and enforce at least
4% of its seating capacity as substance-free seating. Substance-free
seating is defined as seating where the use of alcohol, electronic smoking
devices, marijuana, and tobacco (prohibited substances) is banned.
Substance-free seating must include seats that are accessible to persons
with disabilities and cannot be limited exclusively to seats that are higher
than or farther away from the sport or entertainment activity relative to
the majority of seats at the facility. Written policies and procedures,
including those that enforce the ban on prohibited substances, are
required. Signs regarding the ban must be prominently displayed in and
around the substance-free seating sections.
Failure by an entertainment facility to comply with the requirement
for designating and enforcing 4% or more substance-free seating is
deemed good cause for refusal or denial of an alcohol beverage license
renewal or initial license issuance by the state licensing authority as part
of the existing regulatory scheme for such licenses. Failure to comply is
also a basis for other license-related discipline, including suspension,
revocation, or fine.
Sections 2 and 3 make conforming amendments to the statutory
scheme for regulation of smoking. Section 4 makes conforming
amendments to the statutory scheme for regulation of alcohol.

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