PRINTER'S NO. 996
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
888
Session of
2017
INTRODUCED BY MURT, FRANKEL, FREEMAN, MADDEN AND RABB,
MARCH 17, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 17, 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,
for prohibition 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:
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(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. The term also includes a night club.
* * *
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"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 drinking establishment.
* * *
Section 2. Sections 3(b)(10) and (c) and 5(d) of the act are
amended to read:
Section 3. Prohibition.
* * *
(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
* * *
[(10) A drinking establishment.]
* * *
(c) Conditions and qualifications for exceptions.--
(1) In order to be excepted under subsection (b), a
[drinking establishment,] cigar bar or tobacco shop must
submit a letter, accompanied by verifiable supporting
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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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