PRINTER'S NO. 45
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GREENLEAF, FARNESE, ALLOWAY, ERICKSON, WASHINGTON, YAW, FERLO, LEACH, SCHWANK AND COSTA, JANUARY 9, 2013
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 9, 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] September 11, 2008, operates pursuant to an
8eating place retail dispenser's or restaurant liquor license
9under the act of April 12, 1951 (P.L.90, No.21), known as the
10Liquor Code, and is physically connected by a door,
11passageway or other opening and directly adjacent to a
13(2) An establishment which, at any time, operates
14pursuant to an eating place retail dispenser's license, malt
15or brewed beverage distributor's license or restaurant liquor
16license under the Liquor Code, and has total annual sales of
17tobacco products, including tobacco, accessories or cigar
18storage lockers or humidors of at least 15% of the combined
19gross sales of the establishment.
20"Department." The Department of Health of the Commonwealth.
21"Drinking establishment." [Any of the following:
22(1)] An establishment which[:
23(i)] operates pursuant to an eating place retail
24dispenser's license, restaurant liquor license or retail
25dispenser's license under the act of April 12, 1951 (P.L.
2690, No.21), known as the Liquor Code[;]. The term also
27includes a nightclub.
18The term does not include a nightclub.]
22"Gaming floor." Any portion of a licensed facility where
23slot machines have been installed for use or play as approved by
24the Pennsylvania Gaming Control Board. [The term does not
25include an area adjacent to the gaming floor, including any
26hallway, reception area, retail space, bar, nightclub,
27restaurant, hotel, entertainment venue or office space.]
30"Night club." A public hall or hall for which admission is
6(1) A reputable group of individuals associated together
7as an organization for legitimate purposes of mutual benefit,
8entertainment, fellowship or lawful convenience. [which does
9all of the following:
13(ii) Holds regular meetings; conducts its business
14through officers regularly elected; admits members by
15written application, investigation and ballot; and
16charges and collects dues from elected members.
19(2) A volunteer ambulance service.
20(3) A volunteer fire company.
21(4) A volunteer rescue company.
30(2) A vehicle used for mass transportation. This
3(3) A train station, subway station or bus station.
4(4) A public facility. This paragraph includes a
5facility to which the public is invited or in which the
6public is permitted and a private home which provides child-
7care or adult day-care services.
10(6) A full service truck stop.
11(7) A residential facility.
12(8) A private club.
13(9) A drinking establishment.
14(10) A gaming floor.
21(2) Residential adult care facility.
22(3) Community mental health care facility.
23(4) Drug or alcohol facility.
24(5) Day treatment programs.
27"Tobacco shop." A business establishment whose sales of
28tobacco and tobacco-related products, including cigars, pipe
29tobacco and smoking accessories, comprise at least 50% of the
30gross annual sales. This term does not include a stand-alone
15Section 3. Prohibition.
16* * *
19(1) A private home, private residence or private vehicle
20unless the private home, private residence or private vehicle
21is being used at the time for the provision of child-care
22services, adult day-care services or services related to the
23care of children and youth in State or county custody.
24(2) Designated quarters[:
29(ii) within a full-service truck stop.]
30(3) A tobacco shop.
1(4) A workplace of a manufacturer, importer or
2wholesaler of tobacco products; a manufacturer of tobacco-
3related products, including lighters; a tobacco leaf dealer
4or processor; or a tobacco storage facility.
5[(5) Any of the following residential facilities:
9(ii) A separate enclosed room or designated smoking
10room in a residential adult care facility, community
11mental health care facility, drug and alcohol facility or
12other residential health care facility not covered under
27(ii) Food and beverages are available to attendees.
30(iv) Cigars are sold, auctioned or given as gifts,
1and cigars are a feature of the event.
2(8) An exhibition hall, conference room, catering hall
3or similar facility used exclusively for an event to which
4the public is invited for the primary purpose of promoting or
5sampling tobacco products, subject to the following:
6(i) All of the following must be met:
7(A) Service of food and drink is incidental.
21(9) A cigar bar.
22[(10) A drinking establishment.
23(11) Unless otherwise increased under this paragraph,
2425% of the gaming floor at a licensed facility. No earlier
25than 90 days following the effective date of this section or
26the date of commencement of slot machine operations at a
27licensed facility, whichever is later, a licensed facility
28shall request a report from the Department of Revenue that
29analyzes the gross terminal revenue per slot machine unit in
30operation at the licensed facility within the 90-day period
1preceding the request. If the report shows that the average
2gross terminal revenue per slot machine unit in the
3designated smoking area equals or exceeds the average gross
4terminal revenue per slot machine unit in the designated
5nonsmoking area, the licensed facility may increase the
6designated smoking area of the gaming floor in proportion to
7the percentage difference in revenue. A licensed facility may
8request this report from the Department of Revenue on a
9quarterly basis and may increase the designated smoking area
10of the gaming floor accordingly. At no time may the
11designated smoking area exceed 50% of the gaming floor. The
12board shall have jurisdiction to verify the gross terminal
13revenues included in the report to ensure compliance with the
14requirements under this paragraph. Movement of the licensed
15facility from a temporary facility to a permanent facility
16shall not require the licensed facility to revert to the
17minimum percentage set forth under this paragraph.]
21(c) Conditions and qualifications for exceptions.--
22[(1)] In order to be excepted under subsection (b), a
23[drinking establishment,] cigar bar or tobacco shop must
24submit a letter, accompanied by verifiable supporting
25documentation,to the department claiming an exception under
26subsection (b). Exception shall be based upon the
27establishment's books, accounts, revenues or receipts,
28including those reported to the Department of Revenue for
29sales tax purposes, from the previous year or stated
30projected annual revenues, which shall be verified within six
2[(2) In order to qualify for the exception under
3subsection (b)(6), a private club must take and record a vote
4of its officers under the bylaws to address smoking in the
5private club's facilities.]
6Section 4. Signage.
7"Smoking Permitted" or "No Smoking" signs or the
8international "No Smoking" symbol, which consists of a pictorial
9representation of a burning cigarette in a circle with a bar
10across it, shall be prominently posted and properly maintained
11where smoking is regulated by this act by the owner, operator,
12manager or other person having control of the area. A "Smoking
13Permitted" sign shall be prominently posted and maintained at
14every entrance to a public place where smoking is permitted
15under this act.
16Section 5. Enforcement.
17* * *
18(d) Access to records.--A [drinking establishment,] cigar
19bar and tobacco shop shall make available all books, accounts,
20revenues, receipts and other information to the department, the
21Department of Revenue, the State licensing agency or a county
22board of health as necessary to enforce this act. All
23information submitted to the Department of Health, a county
24board or other Commonwealth agency with enforcement duties under
25this act[, including information to verify the on-site food
26consumption of a drinking establishment,] shall be confidential
27and shall not be subject to the [act of June 21, 1957 (P.L.390,
28No.212), referred to as the Right-to-Know Law] act of February
2914, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
30Section 6. Violations, affirmative defenses and penalties.
1* * *
2(c) Commonwealth administrative penalties.--
7(2) If the department or a State licensing agency [or a
8county board of health] determines that a person has violated
9subsection (a) within one year of receiving a penalty under
10paragraph (1), the person shall be subject to a penalty not
11to exceed $500.
12(3) If the department or a State licensing agency [or a
13county board of health] determines that a person violated
14subsection (a) within one year of receiving a penalty under
15paragraph (2), the person shall be subject to a penalty not
16to exceed $1,000.
22* * *
23Section 10. Administration.
26(b) Revision of forms.--The Department of Revenue may revise
27the form for reporting sales tax revenue to require separate
28reporting of sales of [alcohol and] tobacco and tobacco-related
29products for purposes of claiming exemptions under this act.
30Section 3. Section 11 of the act is repealed:
1[Section 11. Preemption of local ordinances.
13Section 4. The act is amended by adding a section to read:
14Section 12. Effect on local rules and ordinances.
15This act shall not be construed to restrict the power of a
16political subdivision to adopt and enforce any rule or ordinance
17that complies with at least the minimum applicable standards set
18forth in this act.
21Section  13. [Repeal] Repeals.
24(b) [Provision] Provisions.--
30Section  14. Effective date.
1This act shall take effect in 90 days.
2Section 6. This act shall take effect in 60 days.