Regular Session 2015-2016 House Bill 0202 P.N. 0192

PRINTER'S NO. 192

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

202

Session of

2015

INTRODUCED BY MURT, V. BROWN, COHEN, DAVIDSON, FRANKEL, FREEMAN

AND SCHLOSSBERG, JANUARY 23, 2015

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 23, 2015

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,

for prohibitions and for enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "drinking establishment" 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:

* * *

"Drinking establishment." [Any of the following:

(1) An establishment which:

(i) operates pursuant to an eating place retail

dispenser's license, restaurant liquor license or retail

dispenser's license under the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code;

(ii) has total annual sales of food sold for on-

premises consumption of less than or equal to 20% of the

combined gross sales of the establishment; and

(iii) does not permit individuals under 18 years of

age.

(2) An enclosed area within an establishment which, on

the effective date of this section:

(i) operates pursuant to an eating place retail

dispenser's license, restaurant liquor license or retail

dispenser's license under the Liquor Code;

(ii) is a physically connected or directly adjacent

enclosed area which is separate from the eating area, has

a separate air system and has a separate outside

entrance;

(iii) has total annual sales of food sold for on-

premises consumption of less than or equal to 20% of the

combined gross sales within the permitted smoking area of

the establishment; and

(iv) does not permit individuals under 18 years of

age.

The term does not include a nightclub.] An establishment that

operates pursuant to an eating place retail dispenser's license,

restaurant liquor license or retail dispenser's license under

the act of April 12, 1951 (P.L.90, No.21), known as the Liquor

Code. This term also includes a night club.

* * *

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

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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 drinking establishment.

* * *

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

read:

Section 3. Prohibition.

(a) General rule.--Except as set forth under subsection (b),

an individual may not engage in smoking in a public place.

Nothing in this act shall preclude the owner of a public or

private property from prohibiting smoking on the property.

(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

care of children and youth in State or county custody.

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(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

nonprofit and charitable organization one time per year if

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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.

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.]

(11) Unless otherwise increased under this paragraph,

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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.

(1) In order to be excepted under subsection (b), a

[drinking establishment,] cigar bar or tobacco shop must

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submit a letter, accompanied by verifiable supporting

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

months.

(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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