§ 637.3. Prohibition
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 11, 2008
Effective: September 11, 2008
35 P.S. § 637.3
§ 637.3. Prohibition
(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 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.
(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 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.
2008, June 13, P.L. 182, No. 27, § 3, effective in 90 days [Sept. 11, 2008].
HISTORICAL AND STATUTORY NOTES
1927, April 27, P.L. 465, No. 299, § 10.1, added 1988, Dec. 21, P.L. 1315, No. 168, § 2 (35 P.S. § 1230.1).
35 P.S. § 637.3, PA ST 35 P.S. § 637.3
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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