Pennsylvania Bill Would Ban Smoking at Bars, Restrict Cigar Bars & Lounges

There’s once again another effort to modify Pennsylvania’s Clean Indoor Air Act of 2008, this time one that would still allow for smoking in cigar bars and lounges—but it’s not all good news.

Rep. Thomas Murt, R-Montgomery/Philadelphia, has introduced H.B. 682, a bill that would modify the list of exemptions for smoking in the state’s Clean Air Act.

Cigar bars and lounges would continue to be exempt, but with a list of new restrictions. Cigar bars would now be required to generate a minimum of 60 percent of quarterly revenue from alcohol, while at least 25 percent would need to come from the sale of cigars. They would also be required to have a humidor and not allow anyone under the age of 18 into the cigar bar.

Cigar lounges would need to also have humidor, restrict entrance to anyone under the age of 18 and generate at least 80 percent of quarterly revenue from the sale of cigars. They would be able to serve food and nonalcoholic beverages, but barred from serving alcohol.

Those are relatively common rules, but Murt’s bill would impose a variety of other restrictions.

Perhaps most damaging is a requirement that cigar bars and lounges must be in a freestanding structure that shares no common wall with any other establishments, something that very few, if any, of the cigar bars and lounges would meet. In addition, the bill would prevent any cigar bar or lounge from expanding or changing location after it went into effect.

The bill would also impose stiff penalties for those who fail to report or comply with the revenue requirements. It calls for a zero tolerance policy, meaning if for one quarter, a cigar bar or lounge failed to meet the revenue requirements, it would permanently lose access to the exemption.

Finally, cigar bars and lounges would be required to post the following message in 48-point font in every room in the building:

WARNING: Cigar smoking causes lung cancer, heart disease and other cancers and diseases. Cigars contain nicotine, tar and carcinogens. Cigar smoking is not a safe alternative to cigarette smoking.

In addition to the new restrictions on cigar bars, the bill would remove any exemptions for truck stops,, patios where food or alcohol are served, licensed facilities, residential facilities, drinking establishments—i.e. bars—and private clubs. The bill is somewhat confusing on the latter two points as both would be considered “public places”—and no longer exempt—yet, the new bill does not remove any of the exemption language from the original Clean Air Act, seemingly leaving these places exempt.

In January, Murt publicly announced that the new bill would also remove the exemption for smoking at casinos, something that isn’t in the current text. Still, recent news articles indicated that casino smoking was part of the current bill’s target. Currently up to 50 percent of a gaming floor can permit smoking.

Murt also indicated that he would remove the exemption that allowed for smoking to continue at the offices of tobacco manufacturers, importers and wholesalers—but that exemption remains in the current version of H.B. 682.

The bill currently is listed as having 10 co-sponsors.