Alliance for Smoke-Free Workplaces

Fact Sheet - Bill No. 000314

Beginning in the 1940's, the City of Philadelphia has prohibited smoking in many public places in order to protect the public health and for fire safety reasons. Since 1993, by Executive Order No. 12-93, smoking has been prohibited in all City-owned and City-occupied buildings to which the public has access. On April 25, 2000, pursuant to Resolution No. 000172, the City Council Committee on Public Health and Human Services held a hearing on the adverse health effects of secondhand smoke. To further protect the public's health, safety and welfare, Councilman Michael A. Nutter introduced Bill No. 000314 to strengthen and expand the current Philadelphia City Code provisions which prohibit smoking in certain public places.

Current Smoking Prohibitions (Section 10-602 of the Philadelphia City Code)

Smoking is currently prohibited in the following public places:

• All public transportation vehicles and indoor areas of transit stations and terminals (Prohibited since 1943)
• All retail stores designed for more than 30 people or with more than 25 employees (Prohibited since 1947)
• All places of public assembly with a capacity of more than 100 persons such as movie theatres, opera houses, music recital halls, galleries and museums (Prohibited since 1948)
• Areas where smoking may constitute a fire hazard such as: piers, wharves, warehouses, stores, schools and institutions (Section F-312.2 of the Philadelphia Fire Prevention Code)

Councilman Nutter's Proposed Amendments to Section 10-602

The proposed ordinance strengthens and expands Section 10-602 by prohibiting smoking in:

• All enclosed places to which the public has access
• Within 10 feet of any entrance to any enclosed place where smoking is prohibited
• All restaurants
• All workplaces
• Common areas of buildings (lobbies, hallways, elevators) and 75% of the rooms in hotels and motels

The proposed ordinance does not prohibit smoking in the following places:

• Bars which is defined as an establishment where the sale of alcoholic beverages is 60% or more of its annual gross sales, thus exempting free-standing, sports or neighborhood bars
• Private Clubs which is defined as a members-only facility or a union or lodge hall
• Retail Tobacco Stores and ancillary cigar cafes the principal business of which is the sale of tobacco products
• Conference or meeting rooms in hotels, motels or restaurants when used for private functions
• Private residences (except during the hours it is used as a child care, adult day care or health care facility)