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 providing for definitions
6and for prohibition.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definitions of "gaming floor" and "public
10place" in section 2 of the act of June 13, 2008 (P.L.182,
11No.27), known as the Clean Indoor Air Act, are amended to read:

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16* * *

17["Gaming floor." Any portion of a licensed facility where
18slot machines have been installed for use or play as approved by
19the Pennsylvania Gaming Control Board. The term does not include

1an area adjacent to the gaming floor, including any hallway,
2reception area, retail space, bar, nightclub, restaurant, hotel,
3entertainment venue or office space.]

4* * *

5"Public place." An enclosed area which serves as a
6workplace, commercial establishment or an area where the public
7is invited or permitted. The term includes:

8(1) A facility which provides education, food or health
9care-related services.

10(2) A vehicle used for mass transportation. This
11paragraph includes a train, subway, bus, including a
12chartered bus, plane, taxicab and limousine.

13(3) A train station, subway station or bus station.

14(4) A public facility. This paragraph includes a
15facility to which the public is invited or in which the
16public is permitted and a private home which provides child-
17care or adult day-care services.

18(5) A sports or recreational facility, theater or
19performance establishment.

20(6) A licensed facility.

21* * *

22Section 2. Section 3(b) of the act is amended to read:

23Section 3. Prohibition.

24* * *

25(b) Exceptions.--Subsection (a) shall not apply to any of
26the following:

27(1) A private home, private residence or private vehicle
28unless the private home, private residence or private vehicle
29is being used at the time for the provision of child-care
30services, adult day-care services or services related to the

1care of children and youth in State or county custody.

2(2) Designated quarters:

3(i) within a lodging establishment which are
4available for rent to guests accounting for no more than
525% of the total number of lodging units within a single
6lodging establishment; or

7(ii) within a full-service truck stop.

8(3) A tobacco shop.

9(4) A workplace of a manufacturer, importer or
10wholesaler of tobacco products; a manufacturer of tobacco-
11related products, including lighters; a tobacco leaf dealer
12or processor; or a tobacco storage facility.

13(5) Any of the following residential facilities:

14(i) A long-term care facility regulated under 42 CFR
15483.15 (relating to quality of life). This subparagraph
16shall not apply if 42 CFR 483.15 is abrogated or expires.

17(ii) A separate enclosed room or designated smoking
18room in a residential adult care facility, community
19mental health care facility, drug and alcohol facility or
20other residential health care facility not covered under
21subparagraph (i).

22(iii) A designated smoking room in a facility which
23provides day treatment programs.

24(6) Subject to subsection (c)(2), a private club, except
25where the club is:

26(i) open to the public through general advertisement
27for a club-sponsored event; or

28(ii) leased or used for a private event which is not
29club sponsored.

30(7) A place where a fundraiser is conducted by a

1nonprofit and charitable organization one time per year if
2all of the following apply:

3(i) The place is separate from other public areas
4during the event.

5(ii) Food and beverages are available to attendees.

6(iii) Individuals under 18 years of age are not
7permitted to attend.

8(iv) Cigars are sold, auctioned or given as gifts,
9and cigars are a feature of the event.

10(8) An exhibition hall, conference room, catering hall
11or similar facility used exclusively for an event to which
12the public is invited for the primary purpose of promoting or
13sampling tobacco products, subject to the following:

14(i) All of the following must be met:

15(A) Service of food and drink is incidental.

16(B) The sponsor or organizer gives notice in all
17advertisements and other promotional materials that
18smoking will not be restricted.

19(C) At least 75% of all products displayed or
20distributed at the event are tobacco or tobacco-
21related products.

22(D) Notice that smoking will not be restricted
23is prominently posted at the entrance to the
24facility.

25(ii) A single retailer, manufacturer or distributor
26of tobacco may not conduct more than six days of a
27promotional event under this paragraph in any calendar
28year.

29(9) A cigar bar.

30(10) A drinking establishment.

1[(11) Unless otherwise increased under this paragraph,
225% of the gaming floor at a licensed facility. No earlier
3than 90 days following the effective date of this section or
4the date of commencement of slot machine operations at a
5licensed facility, whichever is later, a licensed facility
6shall request a report from the Department of Revenue that
7analyzes the gross terminal revenue per slot machine unit in
8operation at the licensed facility within the 90-day period
9preceding the request. If the report shows that the average
10gross terminal revenue per slot machine unit in the
11designated smoking area equals or exceeds the average gross
12terminal revenue per slot machine unit in the designated
13nonsmoking area, the licensed facility may increase the
14designated smoking area of the gaming floor in proportion to
15the percentage difference in revenue. A licensed facility may
16request this report from the Department of Revenue on a
17quarterly basis and may increase the designated smoking area
18of the gaming floor accordingly. At no time may the
19designated smoking area exceed 50% of the gaming floor. The
20board shall have jurisdiction to verify the gross terminal
21revenues included in the report to ensure compliance with the
22requirements under this paragraph. Movement of the licensed
23facility from a temporary facility to a permanent facility
24shall not require the licensed facility to revert to the
25minimum percentage set forth under this paragraph.]

26(12) A designated outdoor smoking area within the
27confines of a sports or recreational facility, theater or
28performance establishment.

29* * *

30Section 3. This act shall take effect in 60 days.