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§ 637.3. Prohibition

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 11, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 3H. Clean Indoor Air Act (Refs & Annos)
Effective: September 11, 2008
35 P.S. § 637.3
§ 637.3. Prohibition
(a) General rule.--Except as set forth under subsection (b), an individual may not engage in smoking in a public place. Nothing in this act shall preclude the owner of a public or private property from prohibiting smoking on the property.
(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 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 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.
(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 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.
(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 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.

Credits

2008, June 13, P.L. 182, No. 27, § 3, effective in 90 days [Sept. 11, 2008].
HISTORICAL AND STATUTORY NOTES
Prior Laws:
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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