Maine Legislature, Session 122, LD 1186
Committee Amendment CA_A_H528 (House)

of the Clerk of 
COMMITTEE AMENDMENT .. A" to H.P. 815, L.D. 1186, Bill, "An 
Act To Clarify the Smoking Ban for Off-track Betting Facilities" 
Amend the bill in section 1 by striking out all of paragraph 
N (page 1, lines 6 to 26 in L.D.) and inserting in its place the 
following: 
'N. 
Smoking is not prohibited in designated smoking areas 
in 
an 
off-track 
betting 
facility 
or 
simulcast 
racing 
facility at a commercial track, if that facility is licensed 
pursuant to Title 8, chapter 11 and in operation on June 30, 
2003, is purchased from the owner or purchaser of a facility 
licensed pursuant to Title 8, chapter 11 and in operation on 
June 30, 
2003 or is moved to another location within the 
same municipality by the owner or purchaser of a facility 
licensed pursuant to Title 8, chapter 11 and in operation on 
June 30, 2003, as long as: 
(1) 
No 
sales 
or 
services 
are 
provided 
in 
the 
designated 
smoking 
area, 
except 
that 
television 
equipment and stand-alone betting terminals or other 
means of placing wagers may be provided; 
(2) 
No 
employees 
work in or are required to pass 
through the designated smoking area; 
(3) 
Members of the public, except for those who choose 
to be present in the designated smoking area, are not 
required to utilize or pass 
through the designated 
smoking area for any purpose; aRa 
Page l-LRl587(2) 
. 
COMMITTEE' AMENDMENT 
.~ 
..... 
COMMITTEE AMENDMENT ,/-1" to H.P. 815, L.D. 1186 
(4) 
No one under 18 years of age is permitted in the 
designated smoking areaT~ 
(5) The designated smoking area within the purchased or 
relocated off-track betting facility or purchased or 
relocated simulcast racing facility has a floor area no 
larger 
than 
2,000 
sguare 
feet. 
except 
that 
any 
designated smoking area larger than 2,000 sguare feet 
and in existence on January 1, 2005 is exempt from this 
subparagraph: 
(6) No slot machines are located within the off-track 
betting or simulcast racing facility. 
For the purposes 
of this subparagraph. an off-track betting facility or 
a simulcast racing facility must be in a separately 
enclosed area, whether stand-alone or within another 
facility, that is accessible by either an interior or 
exterior door: and 
(7) 
The designated smoking area is located entirely 
within 
a 
separately enclosed area of 
an off-track 
betting facility 
or 
simulcast 
racing 
facility 
and 
proper 
signs 
are 
mounted 
to 
the 
exterior 
of 
the 
designated smoking area indicating that use of that 
area is for off-track betting and simulcast racing 
patrons only.' 
SUMMARY 
This is the minority report of the Joint Standing Committee 
on Health and Human Services. 
This 
amendment 
allows 
off-track 
betting facilities 
and 
simulcast racing facilities that were in operation on June 30, 
2003 to be purchased or moved to a new location within the same 
municipality 
without 
losing 
their 
exemption 
from 
the 
laws 
prohibiting 
smoking 
in public places. 
The 
amendment 
places 
limits on the size of the smoking area in the newly purchased or 
relocated 
off-track 
betting 
or 
simulcast 
racing 
facilities, 
prohibits slot machines from those facilities and requires that 
the off-track betting or simulcast 
racing facility be in 
a 
separately enclosed area. 
COMMITTEE AMENDMENT