City of Philadelphia - File #: 110552

• File #: 110552
• Version: 1
• Type: Bill
• Status: ENACTED
• File created: 9/8/2011
• In control: Committee on Public Health and Human Services
• Final action: 11/3/2011
• 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 January 1, 2012, during which certain Drinking Establishments, 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.
• Sponsors: Council President Verna, Councilmember Tasco
• Indexes: SMOKING
• Code sections: 10-602 - Smoking

Date	Ver.	Action By	Action	Result	Tally
11/14/2011	1	MAYOR	SIGNED
11/3/2011	1	CITY COUNCIL	READ AND PASSED	Pass	16:0
10/27/2011	1	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
10/27/2011	1	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
10/27/2011	1	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
10/25/2011	0	Committee on Public Health and Human Services	HEARING NOTICES SENT
10/25/2011	0	Committee on Public Health and Human Services	HEARING HELD
10/25/2011	0	Committee on Public Health and Human Services	AMENDED
10/25/2011	1	Committee on Public Health and Human Services	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
9/8/2011	0	CITY COUNCIL	Introduced and Referred	Pass

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 January 1, 2012, during which certain Drinking Establishments, 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.

Body
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:

§10-602. Smoking.

* * *

(2) Definitions. The following definitions apply to this Section:

* * *

(a) "Drinking Establishment." Any Food or Beverage Establishment whose on-site sales of food for consumption on the premises comprises no more than 20% of gross sales of both food, non-alcoholic and alcoholic beverages on an annual basis, or on such other basis as the Department of Licenses and Inspections shall by regulation provide with respect to such establishments that have been open for less than one full year.
* * *

(3) Smoking Prohibited.

* * *

(b) Exceptions. The provisions of subsection 10-602(3)(a) shall not apply:

* * *

(.5) In a Drinking Establishment provided that all of the following conditions are satisfied:

(i) the Drinking Establishment 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 and also at the time the Drinking Establishment applies for a waiver hereunder;

(ii) (.a) the Drinking Establishment applies for a waiver from the Health Department within ninety (90) days of the effective date of the Ordinance that added this subsection to The Philadelphia Code, or, (.b) in the case of a Drinking Establishment located in the same structure and directly above a tobacco products distribution business where both establishments share more th...