In 1909, baseball great Honus Wagner ordered the American Tobacco Co. to remove his picture from their cigarette packs, fearing his image would lead children to smoke.
SMOKEFREE PHILLY: LOOK GOOD FEEL GOOD

 

What are some examples of public areas in which smoking will be prohibited?

  • Retail stores
  • Sidewalk cafes
  • Office buildings
  • Food or beverage establishments
  • Any outdoor deck, patio or similar outdoor service area which is part of a food or beverage establishment
  • Private clubs
  • Health care facilities
  • Bingo halls
  • Health care, child care, adult day care facilities
  • All workplaces

What kinds of businesses are exempted from the Clean Indoor Air Worker Protection Law?
Some classes of establishments are exempted from the requirements of the Ordinance. Examples of these establishments include:

  • Tobacco Products Distribution Businesses
  • Specialty Tobacco Establishments
  • Lodging establishments (up to 25% of the sleeping quarters available for rent)

Some classes of establishments are eligible to apply for waivers of the Clean Indoor Air Worker Protection Law. Examples of establishments that may apply for waivers are as follows:

  • Private Clubs – (See Fact Sheet)
  • Drinking Establishments - (See Fact Sheet)
  • Some workplaces covered by preexisting collective bargaining agreements

How do I qualify for a waiver of the City’s Ordinance?
The ordinance states that in order for a business to qualify for a waiver certain conditions must be satisfied depending on the type of business. See the Fact Sheet that applies to your establishment.

May I allow smoking in my facility while I wait for a decision on my waiver request?
No. Smoking is not permitted in your facility unless you have been granted a waiver. You will be subject to fines for any smoking violations observed during inspections made prior to the granting of a waiver. Any establishment that violates the Ordinance shall be subject to a fine of up to $300 for each violation.

How do I apply for a waiver?
Business owners in Philadelphia who believe they may qualify for a waiver can apply for one with the Health Department, which will use the criteria in the Ordinance to determine whether the waiver should be granted. Send your application along with a copy of your Philadelphia Business Privilege License and Certificate of Occupancy to:

Assistant Director
Environmental Health Services
321 University Ave. 2nd Floor
Philadelphia, PA 19104

How long will it take to process my request for a waiver?
The Environmental Health Services Division of the Health Department, the Department of Revenue, and the Department of Licenses and Inspections carefully review each waiver application. It may take 45 days or more to provide you a response.

If my waiver request is denied, may I appeal?
Yes. You may appeal the decision denying your request for a waiver within 30 days of the date of our decision. All appeals should be submitted to the Licenses and Inspections Review Board.

Is a waiver transferable if my business changes ownership or there is a change in operation?
The Ordinance states that any approved waiver is automatically revoked and cannot be renewed if there is a change in the operation of the facility such that it no longer qualifies as a Drinking Establishment or a Private Club, or if any liquor licensed owned by the establishment is revoked or transferred to a new location.

Where can I obtain a waiver application and more information about the Ordinance?
Click here for a waiver application. For more information about the Ordinance, call 215-685-7495, or send an email to healthdept@phila.gov. Leave a message including your name, phone number, and your question and someone will return your call.

To report a smoking violation call:
215-685-7495
You may call anonymously or submit a report online.








SPONSORED BY THE PHILADELPHIA DEPARTMENT OF PUBLIC HEALTH
AND THE PENNSYLVANIA DEPARTMENT OF HEALTH