Ella Walter
In Philadelphia, it is illegal to smoke tobacco or use electronic smoking devices in smoke-free areas under the Clean Indoor Air Worker Protection Law. However, there are exceptions to the smoking ban in Pennsylvania, including for certain PLCB licensees. For example, licensed establishments where food sales are 20% or less of total sales are exempt from the ban. As a result, some bars in Philadelphia are exempt from the smoking ban.
Are bars in Philly exempt from the smoking ban?
| Characteristics | Values |
|---|---|
| Smoking ban in bars in Philadelphia | Yes |
| Smoking ban in bars in Pennsylvania | Not statewide, but regulated by individual counties |
| Exemptions to the Clean Indoor Air Act in Pennsylvania | Bars where food sales make up less than 20% of their total sales |
| Number of establishments with exemptions in Allegheny County | 372 |
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What You'll Learn
Philadelphia's Clean Indoor Air Worker Protection Law
The law in Philadelphia regarding smoking bans is not clear. However, statewide smoking bans in other states provide some insight. For example, in Arizona, the Smoke-Free Arizona Act bans smoking in all enclosed workplaces and within 20 feet of entrances or exits, with exemptions for private residences, retail tobacco stores, private clubs, and outdoor patios. Similarly, the Arkansas Clean Indoor Air Act bans smoking in most enclosed workplaces, with exemptions for private residences, designated smoking rooms in hotels and motels, small workplaces, and outdoor areas.
The Clean Indoor Air Worker Protection Law in Philadelphia likely follows a similar framework, aiming to prohibit smoking in enclosed public spaces such as workplaces, restaurants, and bars, while providing specific exemptions. These exemptions could include private residences, private clubs, retail tobacco stores, and designated smoking areas. It is important to note that local laws and regulations may differ, and some cities or counties may have enacted stricter or more lenient smoking bans.
The primary goal of Philadelphia's Clean Indoor Air Worker Protection Law is to reduce the health risks associated with second-hand smoke exposure, protect workers who may be exposed to second-hand smoke as part of their employment, and provide clear guidelines for businesses and individuals regarding smoking restrictions. By implementing this law, Philadelphia joins other states in recognizing the importance of clean indoor air and taking proactive measures to create healthier and safer environments for its residents and visitors.
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Pennsylvania's Clean Indoor Air Act
The CIAA imposes penalties on establishments and individuals who do not comply with the law. If a public place is licensed by the Commonwealth, the CIAA directs the Department of Health (DOH) to refer complaints to the state licensing agency for investigation and enforcement. If there is no relevant state licensing agency, the DOH handles the complaint. The DOH sends a warning letter to the establishment after determining that the complaint is valid.
While the CIAA is a step forward in protecting public health, there are still concerns about the number of exemptions. In total, nine states have state laws that preempt local governments from enacting stricter smoking bans, including Pennsylvania. This means that while some cities and counties in these states may have enacted local smoking bans, they cannot be stricter than the state-level ban.
To address this issue, organizations like TRU in PA advocate for a comprehensive clean indoor air policy that removes exemptions and extends full protection to all Pennsylvanians from the effects of secondhand emissions. They suggest community members get involved by signing petitions, starting social media campaigns, and educating others about the dangers of secondhand smoke and the need for stricter policies.
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Exemptions for bars in Pennsylvania
In Pennsylvania, the Clean Indoor Air Act of 2008 prohibits smoking in public places and workplaces, with certain exceptions. The law currently allows smoking in some bars, casinos, sports venues, and private clubs. For example, licensed establishments whose total annual food sales are not more than 20% of the establishment's total annual sales are exempt from the smoking ban.
The state law also preempts local governments from enacting stricter smoking bans, although some cities and counties have enacted local versions of the state's smoking ban. However, a new proposal by a Pittsburgh state lawmaker, House Bill 2298, seeks to expand the Clean Indoor Air Act to more workplaces and outdoor spaces by eliminating exemptions for bars, casinos, private clubs, cigar bars, tobacco shops, and restaurants.
The bill, announced by state Rep. Dan Frankel, includes e-cigarettes in the definition of smoking and allows local governments to have smoke-free ordinances that go beyond state law. According to Frankel, the current laws are out of date and do not adequately protect residents, especially with the existence of loopholes that put people at risk. He also noted that the predictions that people would prefer to stay at home rather than go to a smoke-free bar have been proven wrong.
The Pennsylvania Department of Health maintains a list of all bars, clubs, and other establishments that are exempt from the smoking ban, which can be accessed by county.
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Philadelphia landlords and smoking
Philadelphia has a Clean Indoor Air Worker Protection Law that prohibits smoking in all enclosed areas and within 20 feet of any entrance to buildings. This includes common areas in multi-unit buildings such as apartment buildings, condominiums, nursing homes, and lobbies, hallways, and stairwells. Landlords of multi-unit housing properties (three or more units) must provide renters with written information regarding their building rules on smoking.
If you are a tenant in Philadelphia who is being exposed to second-hand smoke, you can take several steps to address the issue. First, check your rental agreement to see if it contains a no-smoking clause. If it does, you can inform your landlord and request that they enforce the clause by asking the smoker to stop or face eviction. If the landlord does not take action, you may be able to break the lease and vacate, and even sue for damages if you have documented evidence of the issue.
Even if there is no specific no-smoking clause in your lease, you still have the right to "quiet enjoyment" of your rental unit, which means that you have the right to occupy your apartment in peace without substantial interference from neighbours or the landlord. If second-hand smoke is seeping into your unit and causing a disturbance, you can ask your landlord to address the issue. It may help to keep a record of the times you have smelled cigarette smoke and to communicate your concerns in writing to your landlord.
Additionally, you can advocate for a smoke-free policy in your building by talking to your landlord or building manager and sharing information about the health risks of second-hand smoke. You can also suggest implementing no-smoking signs in common areas and around the building entrance. If your building is owned by a management company that operates other smoke-free properties, you can request to be moved to one of those buildings.
It is important to note that landlords can benefit from adopting smoke-free policies. Surveys show that over 78% of renters prefer smoke-free living spaces, and the turnover cost for a heavy smoker's unit can be up to six times higher than for a non-smoker's unit. By implementing smoke-free policies, landlords can attract more renters and reduce costs associated with repairing smoke damage.
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Cigars and private clubs
Philadelphia banned smoking in restaurants and bars with the Clean Indoor Air Worker Protection law about nine years ago. However, the law does not completely prevent Philly residents from smoking inside a bar. A few exemptions exist, and some establishments can still accommodate smokers. Tobacco shops and bars where food makes up less than 20% of their sales can apply for exemptions to the act through the health department. By 2019, of the 4,819 applications for exemptions, 1,866 were approved, according to the health department.
Private social clubs like Veterans of Foreign Wars posts are among those establishments that have started restricting smoking indoors on their own. Of the 430 VFW posts in Pennsylvania, at least 65 have notified the state headquarters that their canteens have gone smoke-free.
Philadelphia has a variety of cigar lounges and bars that allow smoking. Some of these establishments offer a wide variety of products such as tobacco, cigarettes, water pipes, kratom, CBD, Delta-8, and glass accessories. Others provide comfortable seating, complementary soft drinks, and screens for watching sports or other entertainment. Memberships are available at some cigar lounges, offering perks such as private lockers and discounts on purchases.
Private members-only clubs also exist in Philadelphia, with some prioritizing a diverse membership and a relaxed atmosphere.
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Frequently asked questions
No, bars in Philadelphia are not exempt from the smoking ban. Landlords must provide tenants with a written disclosure of the building's smoking policy. However, there are exceptions to the general prohibition, including certain exemptions that may apply to PLCB licensees.
Bars where food sales make up less than 20% of their total sales can apply for exemptions to the Clean Indoor Air Act through the health department.
Yes, there are 372 establishments in Allegheny County that still allow indoor smoking, according to data from the Pennsylvania Department of Health.
The Clean Indoor Air Act is a law that prohibits smoking tobacco or using electronic smoking devices in areas that are designated as smoke-free.
