Pennsylvania Smoking Ban

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As part of our firm’s continuing efforts to keep our clients up-to-date on any and all changes in the law that may concern their business, we would like to inform you that your business may be affected by the newly enacted Pennsylvania Clean Indoor Air Act (the “Smoking Ban”).

Generally, the Smoking Ban states that if your restaurant, bar or other public establishment derives 21% or more of its annual gross sales from the sale of food, you must prohibit all smoking in your establishment. If 20% or less of your annual gross sales are derived from the sale of food, you may fall under an exception to the Smoking Ban. There are many other exceptions under this new law, which include, but are not limited to, private clubs, cigar bars and charity events. If an establishment falls under an exception to the Smoking Ban, such exception is not granted automatically, but must be specifically requested from, and approved by, the Pennsylvania Health Department.

Please note that this is intended to serve only as a notice of change in Pennsylvania law that may concern your business, and is not a comprehensive analysis of the entire Pennsylvania Clean Indoor Air Act. If you think this new law may affect your business, and you wish to gain further information about compliance with, or exception from, this law, please contact us. We will be happy to help you navigate the law and its exceptions, and advise you in the best way to adapt your business to this new legal landscape.