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,
6for prohibitions and for enforcement.

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

9Section 1. The definitions of "drinking establishment" and
10"public place" in section 2 of the act of June 13, 2008
11(P.L.182, No.27), known as the Clean Indoor Air Act, are amended
12to read:

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Drinking establishment." [Any of the following:

19(1) An establishment which:

20(i) operates pursuant to an eating place retail

1dispenser's license, restaurant liquor license or retail
2dispenser's license under the act of April 12, 1951
3(P.L.90, No.21), known as the Liquor Code;

4(ii) has total annual sales of food sold for on-
5premises consumption of less than or equal to 20% of the
6combined gross sales of the establishment; and

7(iii) does not permit individuals under 18 years of
8age.

9(2) An enclosed area within an establishment which, on
10the effective date of this section:

11(i) operates pursuant to an eating place retail
12dispenser's license, restaurant liquor license or retail
13dispenser's license under the Liquor Code;

14(ii) is a physically connected or directly adjacent
15enclosed area which is separate from the eating area, has
16a separate air system and has a separate outside
17entrance;

18(iii) has total annual sales of food sold for on-
19premises consumption of less than or equal to 20% of the
20combined gross sales within the permitted smoking area of
21the establishment; and

22(iv) does not permit individuals under 18 years of
23age.

24The term does not include a nightclub.] An establishment that 
25operates pursuant to an eating place retail dispenser's license, 
26restaurant liquor license or retail dispenser's license under 
27the act of April 12, 1951 (P.L.90, No.21), known as the Liquor 
28Code. This term also includes a night club.

29* * *

30"Public place." An enclosed area which serves as a

1workplace, commercial establishment or an area where the public
2is invited or permitted. The term includes:

3(1) A facility which provides education, food or health
4care-related services.

5(2) A vehicle used for mass transportation. This
6paragraph includes a train, subway, bus, including a
7chartered bus, plane, taxicab and limousine.

8(3) A train station, subway station or bus station.

9(4) A public facility. This paragraph includes a
10facility to which the public is invited or in which the
11public is permitted and a private home which provides child-
12care or adult day-care services.

13(5) A sports or recreational facility, theater or
14performance establishment.

15(6) A licensed drinking establishment.

16* * *

17Section 2. Sections 3 and 5(d) of the act are amended to
18read:

19Section 3. Prohibition.

20(a) General rule.--Except as set forth under subsection (b),
21an individual may not engage in smoking in a public place.
22Nothing in this act shall preclude the owner of a public or
23private property from prohibiting smoking on the property.

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

26(1) A private home, private residence or private vehicle
27unless the private home, private residence or private vehicle
28is being used at the time for the provision of child-care
29services, adult day-care services or services related to the
30care of children and youth in State or county custody.

1(2) Designated quarters:

2(i) within a lodging establishment which are
3available for rent to guests accounting for no more than
425% of the total number of lodging units within a single
5lodging establishment; or

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

7(3) A tobacco shop.

8(4) A workplace of a manufacturer, importer or
9wholesaler of tobacco products; a manufacturer of tobacco-
10related products, including lighters; a tobacco leaf dealer
11or processor; or a tobacco storage facility.

12(5) Any of the following residential facilities:

13(i) A long-term care facility regulated under 42 CFR
14483.15 (relating to quality of life). This subparagraph
15shall not apply if 42 CFR 483.15 is abrogated or expires.

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

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

23(6) Subject to subsection (c)(2), a private club, except
24where the club is:

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

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

29(7) A place where a fundraiser is conducted by a
30nonprofit and charitable organization one time per year if

1all of the following apply:

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

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

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

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

9(8) An exhibition hall, conference room, catering hall
10or similar facility used exclusively for an event to which
11the public is invited for the primary purpose of promoting or
12sampling tobacco products, subject to the following:

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

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

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

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

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

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

28(9) A cigar bar.

29[(10) A drinking establishment.]

30(11) Unless otherwise increased under this paragraph,

125% of the gaming floor at a licensed facility. No earlier
2than 90 days following the effective date of this section or
3the date of commencement of slot machine operations at a
4licensed facility, whichever is later, a licensed facility
5shall request a report from the Department of Revenue that
6analyzes the gross terminal revenue per slot machine unit in
7operation at the licensed facility within the 90-day period
8preceding the request. If the report shows that the average
9gross terminal revenue per slot machine unit in the
10designated smoking area equals or exceeds the average gross
11terminal revenue per slot machine unit in the designated
12nonsmoking area, the licensed facility may increase the
13designated smoking area of the gaming floor in proportion to
14the percentage difference in revenue. A licensed facility may
15request this report from the Department of Revenue on a
16quarterly basis and may increase the designated smoking area
17of the gaming floor accordingly. At no time may the
18designated smoking area exceed 50% of the gaming floor. The
19board shall have jurisdiction to verify the gross terminal
20revenues included in the report to ensure compliance with the
21requirements under this paragraph. Movement of the licensed
22facility from a temporary facility to a permanent facility
23shall not require the licensed facility to revert to the
24minimum percentage set forth under this paragraph.

25(12) A designated outdoor smoking area within the
26confines of a sports or recreational facility, theater or
27performance establishment.

28(c) Conditions and qualifications for exceptions.--

29(1) In order to be excepted under subsection (b), a
30[drinking establishment,] cigar bar or tobacco shop must

1submit a letter, accompanied by verifiable supporting
2documentation, to the department claiming an exception under
3subsection (b). Exception shall be based upon the
4establishment's books, accounts, revenues or receipts,
5including those reported to the Department of Revenue for
6sales tax purposes, from the previous year or stated
7projected annual revenues, which shall be verified within six
8months.

9(2) In order to qualify for the exception under
10subsection (b)(6), a private club must take and record a vote
11of its officers under the bylaws to address smoking in the
12private club's facilities.

13Section 5. Enforcement.

14* * *

15(d) Access to records.--A [drinking establishment,] cigar
16bar and tobacco shop shall make available all books, accounts,
17revenues, receipts and other information to the department, the
18Department of Revenue, the State licensing agency or a county
19board of health as necessary to enforce this act. All
20information submitted to the Department of Health, a county
21board or other Commonwealth agency with enforcement duties under
22this act, including information to verify the on-site food
23consumption of a drinking establishment, shall be confidential
24and shall not be subject to the act of June 21, 1957 (P.L.390,
25No.212), referred to as the Right-to-Know Law.

26Section 3. This act shall take effect in 60 days.