PRINTER'S NO. 889
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
810
Session of
2017
INTRODUCED BY MURT, BAKER, BULLOCK, FRANKEL, FREEMAN, KAUFFMAN
AND VITALI, MARCH 10, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 10, 2017
AN ACT
Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
act regulating smoking in this Commonwealth; imposing powers
and duties on the Department of Health and local boards of
health; providing penalties; preempting local action; and
making a related repeal," further providing for definitions
and for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "gaming floor" and "public
place" in section 2 of the act of June 13, 2008 (P.L.182,
No.27), known as the Clean Indoor Air Act, are amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["Gaming floor." Any portion of a licensed facility where
slot machines have been installed for use or play as approved by
the Pennsylvania Gaming Control Board. The term does not include
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an area adjacent to the gaming floor, including any hallway,
reception area, retail space, bar, nightclub, restaurant, hotel,
entertainment venue or office space.]
* * *
"Public place." An enclosed area which serves as a
workplace, commercial establishment or an area where the public
is invited or permitted. The term includes:
(1) A facility which provides education, food or health
care-related services.
(2) A vehicle used for mass transportation. This
paragraph includes a train, subway, bus, including a
chartered bus, plane, taxicab and limousine.
(3) A train station, subway station or bus station.
(4) A public facility. This paragraph includes a
facility to which the public is invited or in which the
public is permitted and a private home which provides child-
care or adult day-care services.
(5) A sports or recreational facility, theater or
performance establishment.
(6) A licensed facility.
* * *
Section 2. Section 3(b) of the act is amended to read:
Section 3. Prohibition.
* * *
(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
(1) A private home, private residence or private vehicle
unless the private home, private residence or private vehicle
is being used at the time for the provision of child-care
services, adult day-care services or services related to the
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care of children and youth in State or county custody.
(2) Designated quarters:
(i) within a lodging establishment which are
available for rent to guests accounting for no more than
25% of the total number of lodging units within a single
lodging establishment; or
(ii) within a full-service truck stop.
(3) A tobacco shop.
(4) A workplace of a manufacturer, importer or
wholesaler of tobacco products; a manufacturer of tobacco-
related products, including lighters; a tobacco leaf dealer
or processor; or a tobacco storage facility.
(5) Any of the following residential facilities:
(i) A long-term care facility regulated under 42 CFR
483.15 (relating to quality of life). This subparagraph
shall not apply if 42 CFR 483.15 is abrogated or expires.
(ii) A separate enclosed room or designated smoking
room in a residential adult care facility, community
mental health care facility, drug and alcohol facility or
other residential health care facility not covered under
subparagraph (i).
(iii) A designated smoking room in a facility which
provides day treatment programs.
(6) Subject to subsection (c)(2), a private club, except
where the club is:
(i) open to the public through general advertisement
for a club-sponsored event; or
(ii) leased or used for a private event which is not
club sponsored.
(7) A place where a fundraiser is conducted by a
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nonprofit and charitable organization one time per year if
all of the following apply:
(i) The place is separate from other public areas
during the event.
(ii) Food and beverages are available to attendees.
(iii) Individuals under 18 years of age are not
permitted to attend.
(iv) Cigars are sold, auctioned or given as gifts,
and cigars are a feature of the event.
(8) An exhibition hall, conference room, catering hall
or similar facility used exclusively for an event to which
the public is invited for the primary purpose of promoting or
sampling tobacco products, subject to the following:
(i) All of the following must be met:
(A) Service of food and drink is incidental.
(B) The sponsor or organizer gives notice in all
advertisements and other promotional materials that
smoking will not be restricted.
(C) At least 75% of all products displayed or
distributed at the event are tobacco or tobacco-
related products.
(D) Notice that smoking will not be restricted
is prominently posted at the entrance to the
facility.
(ii) A single retailer, manufacturer or distributor
of tobacco may not conduct more than six days of a
promotional event under this paragraph in any calendar
year.
(9) A cigar bar.
(10) A drinking establishment.
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[(11) Unless otherwise increased under this paragraph,
25% of the gaming floor at a licensed facility. No earlier
than 90 days following the effective date of this section or
the date of commencement of slot machine operations at a
licensed facility, whichever is later, a licensed facility
shall request a report from the Department of Revenue that
analyzes the gross terminal revenue per slot machine unit in
operation at the licensed facility within the 90-day period
preceding the request. If the report shows that the average
gross terminal revenue per slot machine unit in the
designated smoking area equals or exceeds the average gross
terminal revenue per slot machine unit in the designated
nonsmoking area, the licensed facility may increase the
designated smoking area of the gaming floor in proportion to
the percentage difference in revenue. A licensed facility may
request this report from the Department of Revenue on a
quarterly basis and may increase the designated smoking area
of the gaming floor accordingly. At no time may the
designated smoking area exceed 50% of the gaming floor. The
board shall have jurisdiction to verify the gross terminal
revenues included in the report to ensure compliance with the
requirements under this paragraph. Movement of the licensed
facility from a temporary facility to a permanent facility
shall not require the licensed facility to revert to the
minimum percentage set forth under this paragraph.]
(12) A designated outdoor smoking area within the
confines of a sports or recreational facility, theater or
performance establishment.
* * *
Section 3. This act shall take effect in 60 days.
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