PRINTER'S NO. 561
No. 521 Session of 1979
INTRODUCED BY FISCHER, MARCH 6, 1979
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 1979
AN ACT
1 Providing for the regulation of smoking in public places and at
2 public meetings, and providing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Smoking
7 Regulation Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Public meeting." A meeting open to the public.
13 "Public place." Any enclosed, indoor area used by the
14 general public or serving as a place of work, including, but not
15 limited to, restaurants, retail stores, offices and other
16 commercial establishments, public conveyances, educational
17 facilities, hospitals, nursing homes, auditoriums, arenas and
18 meeting rooms. It shall not include enclosed areas normally
1 occupied exclusively by smokers even though such areas may be
2 visited by nonsmokers.
3 Section 3. Police power.
4 The Commonwealth of Pennsylvania declares the passage of this
5 act to be a valid exercise of its police powers to protect the
6 right of the nonsmoking public to be free from the discomfort of
7 smoke in public places and at public meetings.
8 Section 4. Prohibitions.
9 No person shall smoke in a public place or at a public
10 meeting except in designated smoking areas. This prohibition
11 shall not apply in cases where an entire room or hall is used
12 for a private social function and seating arrangements are under
13 the control of the sponsor of the function and not under the
14 control of the proprietor or person in charge of the place. This
15 prohibition shall not apply to factories, warehouses and similar
16 places of work not usually frequented by the general public,
17 except that the Department of Labor and Industry shall establish
18 rules to restrict or prohibit smoking in those places of work
19 where the close proximity of workers or the inadequacy of
20 ventilation causes smoke pollution detrimental to the health or
21 comfort of nonsmoking employees.
22 Section 5. Inclusion.
23 Smoking includes carrying a lighted cigar, cigarette, pipe,
24 or any other lighted smoking equipment.
25 Section 6. Designation of smoking areas.
26 (a) Smoking areas shall be designated by proprietors or
27 other persons in charge of public places, except where smoking
28 is prohibited by the fire marshal or by other law, ordinance or
29 regulation, or where the proprietor or his agent prohibits
30 smoking.
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1 (b) Designated smoking areas shall be so designated as to
2 utilize existing physical barriers and ventilation systems in
3 order to minimize the effect of smoke in nonsmoking areas of the
4 same facility or establishment. When a public place consists of
5 a single room, the provisions of this act shall be considered
6 met if smoking is restricted to one side of the room which is
7 clearly posted as a smoking area. No public place other than an
8 establishment which is owned or operated by a person who is
9 licensed to sell malt and brewed beverages or liquor shall be
10 designated as a smoking area in its entirety. When such
11 establishment is designated as a smoking area in its entirety,
12 this designation shall be posted conspicuously on all entrances
13 normally used by the public.
14 Section 7. Responsibilities of proprietors.
15 The proprietor or other person in charge of a public place
16 shall make reasonable efforts to prevent smoking in the public
17 place by posting appropriate signs, arranging seating to provide
18 a smoke-free area, and shall refuse to serve, deal with, treat,
19 handle, accommodate, or otherwise do business with any person
20 who is smoking in other than a posted smoking area.
21 Section 8. Penalty.
22 A person violating the provisions of this act shall be guilty
23 of a summary offense.
24 Section 9. Effective date.
25 This act shall take effect in 60 days.
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