documentation, to the department claiming an exception under
subsection (b). Exception shall be based upon the
establishment's books, accounts, revenues or receipts,
including those reported to the Department of Revenue for
sales tax purposes, from the previous year or stated
projected annual revenues, which shall be verified within six
(2) In order to qualify for the exception under
subsection (b)(6), a private club must take and record a vote
of its officers under the bylaws to address smoking in the
private club's facilities.
Section 5. Enforcement.
* * *
(d) Access to records.--A [drinking establishment,] cigar
bar and tobacco shop shall make available all books, accounts,
revenues, receipts and other information to the department, the
Department of Revenue, the State licensing agency or a county
board of health as necessary to enforce this act. All
information submitted to the Department of Health, a county
board or other Commonwealth agency with enforcement duties under
this act, including information to verify the on-site food
consumption of a drinking establishment, shall be confidential
and shall not be subject to the act of [June 21, 1957 (P.L.390,
No.212), referred to] February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
Section 3. This act shall take effect in 60 days.
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