PA Smoking Ban Law Details 

SB246 (Clean Indoor Air Act):  "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." 

Under a new state law, smoking will only be permitted in the following locations: 

 - Drinking establishments where food is 20 percent or less of annual sales. 

 - A designated outdoor smoking area at a sports or recreation facility, theater or performance establishment. 

 - Private clubs (Reputable clubs that have been in continuous existence for at least ten years) 

 - Up to 25 percent of the rooms in a lodging establishment like a hotel or motel, and all rooms at full-service truck stops. 

 - Up to 25 percent of a casino floor, and up to 50 percent if a casino can prove to the state Department of Revenue that the smoking ban is harming its business. (A Philadelphia law bans smoking in any city casino.) 

 - Nursing homes, adult-care facilities, drug and alcohol treatment facilities and mental-health care facilities. 

 - Private residences and private vehicles, unless the residence or vehicle is being used for child care or adult-care services. 

 - Cigar bars that are connected to a tobacco shop or where tobacco-related products total at least 15 percent of annual sales. 

 - Tobacco shops; manufacturers, importers and wholesalers of tobacco products; manufacturers of tobacco-related products. 

 - Tobacco promotion events or fund-raisers for nonprofit and charitable organizations where cigars are featured. 

Also,

Smoking and non-smoking signs must be prominently posted at all areas that this act regulates. 

There is open access to financial records to whoever is enforcing the act in a particular area.  Enforcement could come from the Department of Health, the Department of Revenue, the state licensing agency, or the county board of health. 

There is a series of penalties listed for different violations. 

The Department of Health shall design and implement a program to educate the public on the provisions of this act.

This act supersedes any ordinance that is already in place with the exception of Philadelphia.  Their law can stay as it is but if the city decides to change it, it must be in accordance with the state law.

There is a section in the bill that is designated to keeping track of violations and enforcement actions by county.  There are also similar sections that deal with marking effectiveness of the act and where improvements can be made. 

This act is going to take effect in 90 days.