Title
Amending Section 10-602 of The Philadelphia Code, known as the "Clean Indoor Air Worker Protection Law," by providing a limited period of time, expiring June 30, 2010, during which a Private Club, as defined, may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 10-602 of The Philadelphia Code is hereby amended to read as follows:
ยง10-602. Smoking.
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(2) Definitions. The following definitions apply to this Section:
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(e) "Private Club." Any reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience which regularly and exclusively occupies, as owner or lessee, a clubhouse or quarters for the use of its members; and, which 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. The club shall either be incorporated or, if unincorporated, provide proof of its continuous existence for the past ten years in a manner deemed sufficient by the Department of Health.
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(3) Smoking Prohibited.
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(b) Exceptions. The provisions of subsection 10-602(3)(a) shall not apply:
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(.4) In a Private Club provided that all of the following conditions are satisfied:
(i) the Private Club is in legal operation and has a valid certificate of occupancy and business privilege license [on the effective date of the Ordinance that added this subsection to The Philadelphia Code] at the time it applies for a waiver;
(ii) the Private Club adopts a resolution, by a minimum two-thirds vote of its board or membership (in accordance with its by-laws), approving the filing of a waiver to the Health Depart...
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