35 Pa. Stat. § 637.2

Current through P.A. Acts 2023-32

Section 637.2 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Cigar bar." Any of the following:

(1) An establishment which, on the effective date of this section, operates pursuant to an eating place retail dispenser's or restaurant liquor license under the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code, and is physically connected by a door, passageway or other opening and directly adjacent to a tobacco shop.

(2) An establishment which, at any time, operates pursuant to an eating place retail dispenser's license, malt or brewed beverage distributor's license or restaurant liquor license under the Liquor Code, and 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. "Department." The Department of Health of the Commonwealth.

"Drinking establishment." Any of the following:

(1) An establishment which:

(i) operates pursuant to an eating place retail dispenser's license, restaurant liquor license or retail dispenser's license under the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code;

(ii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales of the establishment; and

(iii) does not permit individuals under 18 years of age.

(2) An enclosed area within an establishment which, on the effective date of this section:

(i) operates pursuant to an eating place retail dispenser's license, restaurant liquor license or retail dispenser's license under the Liquor Code;

(ii) is a physically connected or directly adjacent enclosed area which is separate from the eating area, has a separate air system and has a separate outside entrance;

(iii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales within the permitted smoking area of the establishment; and

(iv) does not permit individuals under 18 years of age. The term does not include a nightclub.

"Full-service truck stop." An establishment catering to long-haul truck drivers that provides shower facilities for a fee.

"Gaming floor." Any portion of a licensed facility where slot machines have been installed for use or play as approved by the Pennsylvania Gaming Control Board. The term does not include an area adjacent to the gaming floor, including any hallway, reception area, retail space, bar, nightclub, restaurant, hotel, entertainment venue or office space.

"Licensed facility." As defined in 4 Pa.C.S.§ 1103 (relating to definitions).

"Night club." A public hall or hall for which admission is generally charged and which is primarily or predominantly devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern or dining facility.

"Private club." An organization which is any of the following:

(1) A reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience which does all of the following:

(i) Regularly and exclusively occupies, as owner or lessee, a clubhouse or quarter for the use of its members.

(ii) Holds regular meetings; conducts its business through officers regularly elected; admits members by written application, investigation and ballot; and charges and collects dues from elected members.

(iii) Has been in continuous existence for a period of ten years as such an organization.

(2) A volunteer ambulance service.

(3) A volunteer fire company.

(4) A volunteer rescue company. "Public meeting." A meeting open to the public. The term includes a meeting under 65 Pa.C.S. Ch. 7 (relating to open meetings).

"Public place." An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:

(1) A facility which provides education, food or health care-related services.

(2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.

(3) A train station, subway station or bus station.

(4) A public facility. This paragraph includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.

(5) A sports or recreational facility, theater or performance establishment. "Smoking." The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.

"Tobacco shop." A business establishment whose sales of tobacco and tobacco-related products, including cigars, pipe tobacco and smoking accessories, comprise at least 50% of the gross annual sales. This term does not include a stand-alone kiosk or establishment comprised solely of cigarette vending machines.

"Volunteer ambulance service." As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17) , known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

"Volunteer fire company." As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

"Volunteer rescue company." As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

"Workplace." An indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity.

35 P.S. § 637.2

2008, June 13, P.L. 182, No. 27, §2, effective in 90 days [ 9/11/2008].