PRINTER'S NO. 1544

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1314 Session of 1977


        INTRODUCED BY GARZIA AND DiCARLO, JUNE 14, 1977

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 14, 1977

                                     AN ACT

     1  Requiring that certain eating establishments establish separate
     2     facilities for smokers and nonsmokers.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  As used in this act, the term "eating
     6  establishment" shall mean a premise where food is regularly and
     7  customarily prepared and sold to the public in one or more
     8  rooms, other than living quarters, and equipped with tables and
     9  chairs accommodating 30 persons at one time; including but not
    10  limited to inns, taverns, roadhouses, hotels, motels, resort
    11  facilities, diners, restaurants, saloons, barrooms, ice cream
    12  parlors, confectioneries, soda fountains and all stores where
    13  ice cream and food preparations are sold.
    14     Section 2.  Every eating establishment shall establish and
    15  maintain separate facilities for patrons who smoke and for
    16  patrons who are nonsmokers. The separate facilities shall be
    17  adequately marked and shall be similar in all respects except
    18  that the facility for smokers shall be equipped with a


     1  ventilation system which is capable of removing all smoke from
     2  the air to prevent the inhalation of tobacco smoke by a
     3  nonsmoking patron.
     4     Section 3.  The posting of signs stating "NO SMOKING," or
     5  "SMOKING AREAS," under section 2, shall be placed in the above
     6  designated areas so as to be clearly visible to anyone entering
     7  therein. The placement of said signs shall be the sole
     8  responsibility of the owner, operator, manager, proprietor or
     9  caretaker of said areas.
    10     Section 4.  Nothing in this act shall affect other laws or
    11  regulations prohibiting smoking.
    12     Section 5.  Any person violating the provisions of this act
    13  shall be guilty of a misdemeanor of the third degree and subject
    14  to a fine not in excess of $1,000 or imprisonment of up to six
    15  months or both. Each day of violation or continued violation
    16  shall constitute a seperate offense.
    17     Section 6.  This act shall take affect in 60 days.









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