PRINTER'S NO. 1973
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SCAVELLO, FRANKEL, SWANGER, TRUITT, COHEN, DONATUCCI, SCHLOSSBERG, CLYMER, MUNDY AND MURT, JUNE 10, 2013
REFERRED TO COMMITEE ON HUMAN SERVICES, JUNE 10, 2013
1Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
2act regulating smoking in this Commonwealth; imposing powers
3and duties on the Department of Health and local boards of
4health; providing penalties; preempting local action; and
5making a related repeal," further prohibiting smoking in
6public places; providing for local ordinances; and making a
7related repeal of the Fire and Panic Act.
13Regulating smoking in this Commonwealth; imposing powers
14and duties on the Department of Health and local boards of
15health; providing penalties; [preempting] repealing
16provisions relating to preemption of local action; providing
17for effect on local ordinances; and making [a related repeal]
1Section 2. Definitions.
5["Cigar bar." Any of the following:
6(1) An establishment which, on the effective date of
7this section, operates pursuant to an eating place retail
8dispenser's or restaurant liquor license under the act of
9April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and
10is physically connected by a door, passageway or other
11opening and directly adjacent to a tobacco shop.
12(2) An establishment which, at any time, operates
13pursuant to an eating place retail dispenser's license, malt
14or brewed beverage distributor's license or restaurant liquor
15license under the Liquor Code, and has total annual sales of
16tobacco products, including tobacco, accessories or cigar
17storage lockers or humidors of at least 15% of the combined
18gross sales of the establishment.]
19"Cigar bar." An establishment with a permit or license to
20sell alcoholic beverages pursuant to the act of April 12, 1951
21(P.L.90, No.21), known as the Liquor Code, that satisfies all of
29(3) Has a humidor on the premises.
30(4) Does not permit individuals under 18 years of age.
9(2) Has a humidor on the premises.
17"Department." The Department of Health of the Commonwealth.
18"Drinking establishment." [Any of the following:
19(1)] An establishment which[:
20(i)] operates pursuant to an eating place retail
21dispenser's license, restaurant liquor license or retail
22dispenser's license under the act of April 12, 1951 (P.L.
2390, No.21), known as the Liquor Code[;]. The term also
24includes a nightclub.
30(2) An enclosed area within an establishment which, on
1the effective date of this section:
15The term does not include a nightclub.]
16"E-cigarette." Any electronic oral device, such as one
17composed of a heating element, battery or electronic circuit,
18which provides a vapor of nicotine or any other substances and
19the use or inhalation of which simulates smoking. The term shall
20include any such device, whether manufactured, distributed,
21marketed or sold as an e-cigarette, e-cigar or e-pipe or under
22any other product name or descriptor.
23"Enclosed area." All space between a floor and a ceiling
24that is bounded on at least two sides by walls, doorways or
25windows, either open or closed. A wall includes any retractable
26divider, garage door or other physical barrier, whether
27temporary or permanent and whether or not containing openings of
2"Gaming floor." Any portion of a licensed facility where
3slot machines have been installed for use or play as approved by
4the Pennsylvania Gaming Control Board. The term does not include
5an area adjacent to the gaming floor, including any hallway,
6reception area, retail space, bar, nightclub, restaurant, hotel,
7entertainment venue or office space.]
10"Night club." A public hall or hall for which admission is
11generally charged and which is primarily or predominantly
12devoted to dancing or to shows or cabarets as opposed to a
13facility that is primarily a bar, tavern or dining facility.
18(1) A reputable group of individuals associated together
19as an organization for legitimate purposes of mutual benefit,
20entertainment, fellowship or lawful convenience which does
21all of the following:
25(ii) Holds regular meetings; conducts its business
26through officers regularly elected; admits members by
27written application, investigation and ballot; and
28charges and collects dues from elected members.
1(2) A volunteer ambulance service.
2(3) A volunteer fire company.
30(2) A vehicle used for mass transportation. This
3(3) A train station, subway station or bus station.
10(6) A truck stop.
11(7) A residential facility.
12(8) A private club.
13(9) A drinking establishment.
14(10) A licensed facility.
15(11) A patio.
20(2) Residential adult care facility.
21(3) Community mental health care facility.
22(4) Drug or alcohol treatment facility.
23(5) Day treatment programs.
24"Smoking." [The carrying by a person of a lighted cigar,
25cigarette, pipe or other lighted smoking device.] Inhaling,
26exhaling, burning or carrying any lighted or heated cigar,
27cigarette or pipe or any other lighted or heated tobacco plant
28product intended for inhalation, in any manner or in any form.
29The term includes the use of an e-cigarette which creates a
30vapor in any manner or in any form or the use of any oral
3"Tobacco shop." A business establishment whose sales of
4tobacco and tobacco-related products, including cigars, pipe
5tobacco and smoking accessories, comprise at least [50%] 80% of
6the gross annual sales where sale of nontobacco items is
7incidental. This term does not include a stand-alone kiosk or
8establishment comprised solely of cigarette vending machines.
18"Workplace." An indoor area serving as a place of
19employment, occupation, business, trade, craft, professional or
20volunteer activity[.], including, but not limited to, work
21areas, private offices, employee lounges, restrooms, conference
22rooms, meeting rooms, classrooms, employee cafeterias, hallways,
23construction sites, temporary offices and work vehicles.
24Section 3. Prohibition.
25* * *
4[(2) Designated quarters:
9(ii) within a full-service truck stop.]
10(3) A tobacco shop.
11[(4) A workplace of a manufacturer, importer or
12wholesaler of tobacco products; a manufacturer of tobacco-
13related products, including lighters; a tobacco leaf dealer
14or processor; or a tobacco storage facility.
15(5) Any of the following residential facilities:
19(ii) A separate enclosed room or designated smoking
20room in a residential adult care facility, community
21mental health care facility, drug and alcohol facility or
22other residential health care facility not covered under
30(ii) leased or used for a private event which is not
7(ii) Food and beverages are available to attendees.
12(8) An exhibition hall, conference room, catering hall
13or similar facility used exclusively for an event to which
14the public is invited for the primary purpose of promoting or
15sampling tobacco products, subject to the following:
16(i) All of the following must be met:
17(A) Service of food and drink is incidental.
1(9) A cigar bar.
2(10) A drinking establishment.
3(11) Unless otherwise increased under this paragraph,
425% of the gaming floor at a licensed facility. No earlier
5than 90 days following the effective date of this section or
6the date of commencement of slot machine operations at a
7licensed facility, whichever is later, a licensed facility
8shall request a report from the Department of Revenue that
9analyzes the gross terminal revenue per slot machine unit in
10operation at the licensed facility within the 90-day period
11preceding the request. If the report shows that the average
12gross terminal revenue per slot machine unit in the
13designated smoking area equals or exceeds the average gross
14terminal revenue per slot machine unit in the designated
15nonsmoking area, the licensed facility may increase the
16designated smoking area of the gaming floor in proportion to
17the percentage difference in revenue. A licensed facility may
18request this report from the Department of Revenue on a
19quarterly basis and may increase the designated smoking area
20of the gaming floor accordingly. At no time may the
21designated smoking area exceed 50% of the gaming floor. The
22board shall have jurisdiction to verify the gross terminal
23revenues included in the report to ensure compliance with the
24requirements under this paragraph. Movement of the licensed
25facility from a temporary facility to a permanent facility
26shall not require the licensed facility to revert to the
27minimum percentage set forth under this paragraph.]
27This paragraph shall not apply to any business that is
28established for the purpose of avoiding compliance with this
29act. Any cigar bar or cigar lounge that fails to satisfy any
30of the requirements of this paragraph, including the gross
4(c) Conditions and qualifications for exceptions.--
5[(1)] In order to be excepted under subsection (b), a
6[drinking establishment,] cigar bar, cigar lounge or tobacco
7shop must submit a letter to the department, accompanied by
8verifiable supporting documentation,[to the department]
9claiming an exception under subsection (b). Exception shall
10be based upon the establishment's books, accounts, revenues
11or receipts, including those reported to the Department of
12Revenue for sales tax purposes, from the previous year or
13stated projected annual revenues, which shall be verified
14within six months.
15[(2) In order to qualify for the exception under
16subsection (b)(6), a private club must take and record a vote
17of its officers under the bylaws to address smoking in the
18private club's facilities.]
19Section 4. Signage.
20(a) General rule.--"Smoking Permitted" or "No Smoking" signs
21or the international "No Smoking" symbol, which consists of a
22pictorial representation of a burning cigarette in a circle with
23a bar across it, shall be prominently posted and properly
24maintained where smoking is regulated by this act by the owner,
25operator, manager or other person having control of the area. A
26"Smoking Permitted" sign shall be prominently posted and
27maintained at every entrance to a public place where smoking is
28permitted under this act.
29(b) Cigar bars and cigar lounges.--
30(1) A person who manages, operates or controls a cigar
7(2) The health warning signage shall be clearly visible
8to persons entering the cigar bar or cigar lounge and visibly
9posted in 48-point font size or greater in every room where
10smoking is permitted. The owner of the cigar bar or cigar
11lounge shall provide the health warning required by paragraph
12(1) on every menu available to customers, and the warning
13shall be clearly stated in 14-point font size or greater.
14Section 5. Enforcement.
15* * *
16(d) Access to records.--A [drinking establishment,] cigar
17bar and tobacco shop shall make available all books, accounts,
18revenues, receipts and other information to the department, the
19Department of Revenue, the State licensing agency or a county
20board of health as necessary to enforce this act. All
21information submitted to the Department of Health, a county
22board or other Commonwealth agency with enforcement duties under
23this act[, including information to verify the on-site food
24consumption of a drinking establishment,] shall be confidential
25and shall not be subject to the [act of June 21, 1957 (P.L.390,
26No.212), referred to as the Right-to-Know Law] act of February
2714, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
28Section 6. Violations, affirmative defenses and penalties.
29* * *
30(c) Commonwealth administrative penalties.--
5(2) If the department or a State licensing agency [or a
6county board of health] determines that a person has violated
7subsection (a) within one year of receiving a penalty under
8paragraph (1), the person shall be subject to a penalty not
9to exceed $500.
10(3) If the department or a State licensing agency [or a
11county board of health] determines that a person violated
12subsection (a) within one year of receiving a penalty under
13paragraph (2), the person shall be subject to a penalty not
14to exceed $1,000.
20* * *
21Section 10. Administration.
24(b) Revision of forms.--The Department of Revenue may revise
25the form for reporting sales tax revenue to require separate
26reporting of sales of [alcohol and] tobacco and tobacco-related
27products for purposes of claiming exemptions under this act.
28Section 3. Section 11 of the act is repealed:
29[Section 11. Preemption of local ordinances.
30(a) General rule.--Except as set forth in subsection (b),
1the following apply:
11Section 4. The act is amended by adding a section to read:
12Section 12. Effect on local rules and ordinances.
19Section  13. [Repeal] Repeals.
22(b) [Provision] Provisions.--
28Section  14. Effective date.
29This act shall take effect in 90 days.
30Section 6. This act shall take effect in 60 days.