Under Pennsylvania Statutes Title 35 § 637.3, the following Pennsylvania businesses can display the Smoking Permitted Poster:
- Drinking Establishments (Bars): Where food sales are 20% or less of total annual sales and individuals under 18 are prohibited.
- Cigar Bars: Where at least 15% of gross sales come from tobacco products and a liquor license is held.
- Tobacco Shops: Where more than 50% of sales are tobacco-related.
- Private Clubs: Provided they have voted to allow smoking and are not open to the general public at the time.
- Tobacco Promotional Events: Specific temporary exhibitions or fundraisers where tobacco sampling is the primary purpose.
Posting Requirements
The Smoking Permitted Poster must be displayed at every entrance to the public place or workplace where the exception applies.
If a business uses this poster for a designated smoking room (rather than the whole building), that room must:
- Be a separate, enclosed area.
- Have a separate ventilation system.
Ensure that the poster is displayed clearly at the entrance to that specific room so non-smokers are warned before entering.
If a business displays the Smoking Permitted Poster without having a valid state exception, or fails to post it at all entrances, they face fines ranging from $250 to $1,000 per violation.
