PRINTER'S NO. 1990
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1304
Session of
2020
INTRODUCED BY FONTANA, MUTH, TARTAGLIONE, COSTA, SCHWANK AND
BLAKE, SEPTEMBER 18, 2020
REFERRED TO HEALTH AND HUMAN SERVICES, SEPTEMBER 18, 2020
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
and for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "drinking establishment,"
"gaming floor," "night club" and "smoking" 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
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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[.]; and
(iv) is not located in a licensed facility.
(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.
* * *
["Gaming floor." Any portion of a licensed facility where
slot machines have been installed for use or play as approved by
the Pennsylvania Gaming Control Board. The term does not include
an area adjacent to the gaming floor, including any hallway,
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reception area, retail space, bar, nightclub, restaurant, hotel,
entertainment venue or office space.]
* * *
"Night club." A public hall or hall for which admission is
generally charged and which is primarily or predominantly
devoted to dancing or to shows or cabarets as opposed to a
facility that is primarily a bar, tavern or dining facility and
is not located in a licensed facility.
* * *
"Smoking." The carrying by a person of a lighted cigar,
cigarette, pipe or other lighted smoking device, including an
electronic cigarette.
* * *
Section 2. Section 3(b)(11) and (12) of the act are amended
to read:
Section 3. Prohibition.
* * *
(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
* * *
(11) [Unless otherwise increased under this paragraph,
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
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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.]
(Reserved).
(12) A designated outdoor smoking area within the
confines of a sports or recreational facility, theater [or],
performance establishment or licensed facility.
* * *
Section 3. This act shall take effect in 60 days.
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