Clean Indoor Air Act Exception Renewals
The Department of Health (Department) reviews exceptions for renewal each year.
For Drinking Establishment exception holders, this internal review includes one or more of the following steps:
1) Verifying active liquor license status with the Pennsylvania Liquor Control Board (PLCB), and
2) Verifying with the Department of Revenue (DOR) that the percentage of food sales for your entire establishment (for Drinking Establishment Type II holders), the smoking area is at or below 20%.
For Tobacco Shop exception holders, this internal review includes verifying with the DOR that the percentage of tobacco and tobacco-related products is at or above 50% of the gross annual sales.
For Cigar Bar Exception holders, this internal review includes one or more of the following steps:
1) Verifying active liquor license status with the PLCB, and
2) Verifying with the DOR that the percentage of tobacco and tobacco-related products are at least 15% of the combined gross annual sales of the establishment (for Cigar Bar Type II holders).
Exception holders do not need to annually reapply for an exception.
The Department requires Sales and Use Tax to be submitted each year in order to process a renewal. Business owners may submit this information to the Department in one of two ways:
1) Electronically with the DOR through their Electronic Tax Information and Data Exchange System (e-TIDES). The "Complete the Clean Indoor Air Exception Schedule" box must be checked and the sales information must be supplied. For more information on how to file Sales and Use Tax information for the Clean Indoor Air Act on e-TIDES: e-TIDES Overview and Instructions, or
2) Complete the blank sales form sent to you from the Department approximately one month before your exception expires. Mail, fax or e-mail the completed form to the Department before the due date listed in the letter that accompanies the blank form. If you need another copy of the blank sales form, select the type of exception you have below:
Drinking Establishment Type I
Drinking Establishment Type II
If you miss the deadline to submit your Sales and Use Tax information to the Department, your renewal will be denied. You will then have 15 calendar days to request reconsideration of that decision and submit your sales form to the Department. To request reconsideration, submit a request in writing to the Department by mail, fax or e-mail. The request must be addressed to the Division of Tobacco Prevention and Control, and include the following information:
1) Exception control number located at the top of your renewal denial letter;
2) Name of your establishment;
3) Address of your establishment;
4) Contact name and phone number; and
5) Completed sales form
If you have any questions, please contact the Division of Tobacco Prevention and Control, 625 Forster Street, Room 1032 Health & Welfare Building, Harrisburg, PA 17120.
Fax: (717) 214-6690