PRINTER'S NO. 1414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
610
Session of
2019
INTRODUCED BY LAUGHLIN, SCHWANK, KILLION, MENSCH, HUGHES AND
HAYWOOD, NOVEMBER 26, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 26, 2019
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;
further prohibiting smoking in public places; and repealing
certain provisions of the Fire and Panic Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2, 3(b) and (c), 4, 5(d), 6(c), 10 and
29 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:
["Cigar bar." Any of the following:
(1) An establishment which, on the effective date of
this section, operates pursuant to an eating place retail
dispenser's or restaurant liquor license under the act of
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April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and
is physically connected by a door, passageway or other
opening and directly adjacent to a tobacco shop.
(2) An establishment which, at any time, operates
pursuant to an eating place retail dispenser's license, malt
or brewed beverage distributor's license or restaurant liquor
license under the Liquor Code, and has total annual sales of
tobacco products, including tobacco, accessories or cigar
storage lockers or humidors of at least 15% of the combined
gross sales of the establishment.]
"Cigar bar." An establishment with a permit or license to
sell alcoholic beverages under the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, that satisfies all of
the following:
(1) Generates 60% or more of its quarterly gross revenue
from the sale of alcoholic beverages for consumption on the
premises by the customers.
(2) Generates 25% or more of its quarterly gross revenue
from the sale of cigars for consumption on the premises by
customers.
(3) Has a humidor on the premises.
(4) Does not permit individuals under 18 years of age to
enter the premises.
Revenue generated from other tobacco sales, including cigarette
vending machines, shall not be used to determine whether an
establishment satisfies this definition.
"Cigar lounge." An establishment without a license to sell
alcoholic beverages that satisfies all of the following:
(1) Derives more than 80% of its quarterly gross revenue
from the sale of cigars for consumption on the premises by
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customers.
(2) Has a humidor on the premises.
(3) Does not permit individuals under 18 years of age to
enter the premises.
(4) May serve food and nonalcoholic beverages for
consumption on the premises by customers.
Revenue generated from other tobacco sales, including cigarette
vending machines, shall not be used to determine whether an
establishment satisfies this definition.
"Department." The Department of Health of the Commonwealth.
"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[;]. The term
also includes a nightclub.
[(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
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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.
"Full-service truck stop." An establishment catering to
long-haul truck drivers that provides shower facilities for a
fee.
"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,
reception area, retail space, bar, nightclub, restaurant, hotel,
entertainment venue or office space.]
"Enclosed area." All space between a floor and a ceiling
that is bounded on at least two sides by walls, doorways or
windows, either open or closed. A wall includes any retractable
divider, garage door or other physical barrier, whether
temporary or permanent and whether or not containing openings of
any kinds.
"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"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.
"Patio." Any outdoor deck, patio or similar outdoor service
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area which is part of a food or drinking establishment.
"Private club." An organization [which is any of the
following:
(1) A reputable group of individuals associated together
as an organization for legitimate purposes of mutual benefit,
entertainment, fellowship or lawful convenience which does
all of the following:
(i) Regularly and exclusively occupies, as owner or
lessee, a clubhouse or quarter for the use of its
members.
(ii) Holds regular meetings; conducts its business
through officers regularly elected; admits members by
written application, investigation and ballot; and
charges and collects dues from elected members.
(iii) Has been in continuous existence for a period
of ten years as such an organization.
(2) A volunteer ambulance service.
(3) A volunteer fire company.
(4) A volunteer rescue company.], whether incorporated
or not:
(1) Which is the owner, lessee or occupant of a building
or portion thereof used exclusively for club purposes at all
times.
(2) Which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent or
athletic purpose, but not for pecuniary gain.
(3) Which only sells alcoholic beverages incidental to
its operation.
(4) The affairs and management of which are conducted by
a board of directors, executive committee or similar body
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chosen by the members at an annual meeting.
(5) Which has established bylaws or a constitution to
govern its activities.
(6) Has been granted an exemption from the payment of
Federal income tax as a club under section 501 of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501).
"Public meeting." A meeting open to the public. The term
includes a meeting under 65 Pa.C.S. Ch. 7 (relating to open
meetings).
"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 truck stop.
(7) A residential facility.
(8) A private club.
(9) A drinking establishment.
(10) A licensed facility.
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(11) A patio .
"Residential facility ." The term includes any of the
following:
(1) A long-term care facility regulated under 42 CFR
Part 483, Subpt. B (relating to requirements for long term
care facilities).
(2) Residential adult care facility.
(3) Community mental health care facility.
(4) Drug or alcohol treatment facility.
(5) Day treatment programs.
"Smoking." The carrying by a person of a lighted cigar,
cigarette, pipe or other lighted smoking device.
"Tobacco shop." A business establishment whose sales of
tobacco and tobacco-related products, including cigars, pipe
tobacco and smoking accessories, comprise at least [50%] 80% of
the gross annual sales where sale of nontobacco items is
incidental. This term does not include a stand-alone kiosk or
establishment comprised solely of cigarette vending machines.
["Volunteer ambulance service." As defined in section 102 of
the act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
Fire Company and Volunteer Ambulance Service Grant Act.
"Volunteer fire company." As defined in section 102 of the
act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
Fire Company and Volunteer Ambulance Service Grant Act.
"Volunteer rescue company." As defined in section 102 of the
act of July 31, 2003 (P.L.73, No.17), known as the Volunteer
Fire Company and Volunteer Ambulance Service Grant Act.]
"Workplace." An indoor area serving as a place of
employment, occupation, business, trade, craft, professional or
volunteer activity[.], including, but not limited to, work
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areas, private offices, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms, employee cafeterias, hallways,
construction sites, temporary offices and work vehicles.
Section 3. Prohibition.
* * *
(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] used at any 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.
[(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
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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
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.
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(C) At least 75% of all products displayed or
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,
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
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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.
(13) A cigar bar or cigar lounge that, as of the
effective date of this paragraph, operated as a cigar bar or
cigar lounge and satisfies all of the following requirements:
(i) Smoke from the cigar bar or cigar lounge does
not migrate into an enclosed area where smoking is
prohibited under this act.
(ii) The cigar bar or cigar lounge is located in a
freestanding structure that shares no common walls with
other establishments and is occupied solely by the cigar
bar or cigar lounge.
(iii) The cigar bar or cigar lounge satisfactorily
reports on a quarterly basis to the department on a form
prescribed by the department one of the following:
(A) the revenue generated from the sale of
cigars for consumption on the premises by customers;
or
(B) the sale of cigars and alcoholic beverages
for consumption on the premises by customers as a
percentage of quarterly gross revenue.
The department shall determine whether any additional
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documentation is required by the cigar bar or cigar
lounge to verify revenue data submitted by the cigar bar
or cigar lounge.
(iv) The cigar bar or cigar lounge does not expand
in size or change its location after the effective date
of this paragraph.
This paragraph shall not apply to any business that is
established for the purpose of avoiding compliance with this
act. Any cigar bar or cigar lounge that fails to satisfy any
of the requirements of this paragraph, including the gross
revenue requirements, in any one calendar quarter shall
immediately lose its exception status and shall not be
eligible for the exception in the future.
(c) Conditions and qualifications for exceptions.--
[(1)] In order to be excepted under subsection (b), a
[drinking establishment,] cigar bar, cigar lounge or tobacco
shop must submit a letter to the department, 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 4. Signage.
(a) General rule.--"Smoking Permitted" or "No Smoking" signs
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or the international "No Smoking" symbol, which consists of a
pictorial representation of a burning cigarette in a circle with
a bar across it, shall be prominently posted and properly
maintained where smoking is regulated by this act by the owner,
operator, manager or other person having control of the area. A
"Smoking Permitted" sign shall be prominently posted and
maintained at every entrance to a public place where smoking is
permitted under this act.
(b) Cigar bars and cigar lounges.--
(1) A person who manages, operates or controls a cigar
bar or cigar lounge shall post or cause to be posted health
warning signage that states:
WARNING: Cigar smoking causes lung cancer, heart
disease and other diseases and cancers. Cigars
contain nicotine, tar and carcinogens. Cigar smoking
is not a safe alternative to cigarette smoking.
(2) The health warning signage shall be clearly visible
to persons entering the cigar bar or cigar lounge and visibly
posted in 48-point font size or greater in every room where
smoking is permitted. The owner of the cigar bar or cigar
lounge shall provide the health warning required by paragraph
(1) on every menu available to customers, and the warning
shall be clearly stated in 14-point font size or greater.
Section 5. Enforcement.
* * *
(d) Access to records.--A [drinking establishment,] cigar
bar, cigar lounge 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
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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 as the Right-to-Know Law]
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law.
Section 6. Violations, affirmative defenses and penalties.
* * *
(c) Commonwealth administrative penalties.--
(1) If the department or a State licensing agency [or a
county board of health] determines that a person has violated
subsection (a), the person shall be subject to a penalty not
to exceed $250.
(2) If the department or a State licensing agency [or a
county board of health] determines that a person has violated
subsection (a) within one year of receiving a penalty under
paragraph (1), the person shall be subject to a penalty not
to exceed $500.
(3) If the department or a State licensing agency [or a
county board of health] determines that a person violated
subsection (a) within one year of receiving a penalty under
paragraph (2), the person shall be subject to a penalty not
to exceed $1,000.
(4) This subsection is subject to 2 Pa.C.S. (relating to
administrative law and procedure).
(5) The penalties collected under this subsection shall
be retained by the department or the State licensing agency
initiating the enforcement action.
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* * *
Section 10. Administration.
(a) Regulations.--The department shall promulgate
regulations to implement this act.
(b) Revision of forms.--The Department of Revenue may revise
the form for reporting sales tax revenue to require separate
reporting of sales of [alcohol and] tobacco and tobacco-related
products for purposes of claiming exemptions under this act.
Section 29. [Repeal] Repeals.
(a) Intent.--The General Assembly declares that the repeal
under subsection (b) is necessary to effectuate this act.
(b) [Provision] Provisions.--
(1) Section 10.1 of the act of April 27, 1927 (P.L.465,
No.299), referred to as the Fire and Panic Act, is repealed.
(2) Section 15.1 of the Fire and Panic Act is repealed
insofar as it refers to section 10.1 of that act and to the
extent of any inconsistency with this act.
Section 2. This act shall take effect in 60 days.
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