Act 27 of 2008, the Clean Indoor Air Act

Guidance for Obtaining Clean Indoor Air Act Exception Approval by the Department of Health for Tobacco Shops, Cigar Bars and Drinking Establishments

 

 

Pennsylvania Clean Indoor Air Legislation

·     Act 27 of 2008, The Clean Indoor Air Act (CIAA) regulates smoking in public places and workplaces across the Commonwealth of Pennsylvania with the exception of the City of Philadelphia .  

·     The CIAA names the Department of Health as the Commonwealth agency responsible for implementing the law through education and enforcement of the provisions of the CIAA.

 

Section 3 (b) of the CIAA identifies the establishments which are eligible for an exception from the smoking ban, and the requirements for obtaining an exception. 

 

“Tobacco Shop”

The CIAA provides an exception for a tobacco shop. A tobacco shop must complete an Application for Exception form and receive written approval from the Department of Health. 

 

A tobacco shop is defined as a business establishment whose sales of tobacco and tobacco related products, including cigars, pipe tobacco and smoking accessories, are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales.

 

To receive approval for an exception from banning smoking, the tobacco shop establishment must document that sales of tobacco and tobacco related products are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales. 

 

The term, “tobacco shop” as defined in the CIAA does not include a stand-alone kiosk or an establishment comprised solely of cigarette vending machines.

 

If the tobacco shop applies for an exception by September 10, 2008 , the establishment may permit smoking pending receipt of written approval by the Department of Health

 

If the tobacco shop applies for an exception on or after September 11, 2008 , and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.

 

   

“Cigar Bar”

The CIAA provides for two types of Cigar Bar exceptions.  The cigar bar must complete an Application for Exception form and obtain written approval by the Department of Health. 

 

The first type of exception allows a cigar bar to apply for an exception if, on September 11, 2008 , the effective date of the CIAA, the establishment meets the following requirements:

·     The establishment has a valid restaurant liquor license or an eating place retail dispenser license. 

·     The establishment is physically connected by a door, passageway or other opening and directly adjacent to a tobacco shop.  A tobacco shop is defined as a business establishment whose sales of tobacco and tobacco related products, including cigars, pipe tobacco and smoking accessories, are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales.

 

The application for this type of exception must be received by September 10, 2008 .  The establishment may permit smoking pending receipt of written approval by the Department of Health

 

The second type of exception allows a cigar bar to apply for an exception before, on or after September 11, 2008 , the effective date of the CIAA, if the establishment meets the following requirements: 

·     The establishment has a valid restaurant liquor license or an eating place retail dispenser license. 

·     The establishment 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.

 

If the cigar applies for this type of exception by September 10 , 2008 ,  the establishment may permit smoking pending receipt of written approval by the Department of Health

 

If the cigar bar applies for an exception on or after September 11, 2008 , and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.

 

“Drinking Establishment” (Bars and Bar-Restaurant establishments)

The CIAA provides for two drinking establishment exceptions .  The drinking establishment must complete an Application for Exception form and obtain written approval by the Department of Health. 

 

The term “drinking establishment” does not include a nightclub, which is defined as a public hall or hall for which admission is generally charged and which is primarily or predominately devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern, or dining facility.  The CIAA defines a nightclub as a public place and as a place of employment that must be smoke free.

 

The first exception allows the drinking establishment to apply for an exception before, on or after September 11, 2008 , if the drinking establishment meets the following requirements:

·     The establishment has a valid restaurant liquor license or an eating place retail dispenser license. 

·     The establishment has total annual (calendar year) sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales.

·     The establishment does not permit individuals under the age of 18 years of age in the establishment at any time or for any reason. This includes children of business owners or children accompanied by adults entering the establishment to pick up take out food. The establishment posts signage at all entrances stating “No one under the age of 18 permitted”. 

·     The establishment posts signage at all entrances stating smoking is permitted.

 

If the establishment submits the application for this exception, including the required documentation , to the Department of Health by September 10, 2008 , the establishment may permit smoking pending receipt of written approval for the exception from the Department of Health.

 

If a drinking establishment applies for an exception on or after September 11, 2008 and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.

 

The second exception allows a drinking establishment to apply for an exception if on September 11, 2008, the effective date of the CIAA, the drinking establishment has an enclosed bar area within its bar-restaurant  that meets the following requirements:

·     The establishment has a valid restaurant liquor license or an eating place retail dispenser license. 

·     The bar area is a physically connected or adjacent enclosed area which is separate from the eating area.

·     The bar area has a separate air system and a separate outside entrance.

·     The establishment does not permit individuals under the age of 18 years of age in the enclosed bar area at any time or for any reason. This includes children of business owners or children accompanied by adults entering the enclosed bar area to pick up take out food. The establishment posts signage at all entrances to the enclosed bar area stating “No one under the age of 18 permitted”. 

·     The establishment posts signage at all entrances to the enclosed bar area stating “smoking is permitted”.

·     The sales of food consumed in the enclosed bar area where smoking is permitted must be less than or equal to twenty percent (20%) of the combined annual (calendar year) gross sales within the permitted smoking area. 

 

The establishment must submit the application for this exception, including the required documentation , to the Department of Health by September 10, 2008 .

 

If the establishment has met the requirements for the exception, including final approval to serve liquor by the Liquor Control Board for any completed interior changes, the establishment may permit smoking in the bar area pending receipt of written approval by the Department of Health

 

If an establishment has filed a PLCB 49 extension form to change the interior premises to obtain an exception, and the required enclosure, separate outside entrance and separate ventilation system have not been completed, the establishment may not permit smoking in their drinking establishment until the PLCB P49 extension process has been completed, including final inspection by the LCB. 

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Additional information for the provisions of the Clean Indoor Air Act is provided in the following guidance documents:  

Guidance for Public Places and Workplaces  

Guidance on Pennsylvania Clean Indoor Air Act Provisions and Exceptions for Specific Organizations, Workplaces, Facilities, Residences and Events: Pennsylvania Clean Indoor Air Act Provisions and Exceptions for Specific Organizations, Workplaces, Facilities, Residences and Events:

·     Private clubs

·     Private homes, private residences, private vehicles

·     Designated quarters for lodging establishments including full service truck stops

·     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

·     Residential facility

·     Fundraiser conducted by a nonprofit and charitable organization where cigars are sold, auctioned or given as gifts, and cigars are a feature of the event

·     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 sampling tobacco products.

·     Gaming floor at a licensed facility

·     Sports or recreational facility, theater or performance establishment