For the purposes of this chapter, the following definitions shall apply:
COMMON USE AREA
An area in any building intended for the common use of residents,
the public or invited guests.
FOOD OR BEVERAGE ESTABLISHMENT
Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner,
fast-food establishment, cafeteria, banquet hall, catering facility, food
court, or any other eating or drinking establishment which gives or offers
for sale food or drink to the public, guests, or employees, whether for consumption
on or off the premises, and including any such eating or drinking establishment
located in a lodging establishment, sports or recreational facility, or theater
or performance establishment. For the purposes of this Chapter, any establishment
meeting this definition shall be deemed to be a food or beverage establishment,
regardless of whether that establishment also meets one or more other definition(s)
contained within this section.
LODGING ESTABLISHMENT
Any hotel, motel, inn, resort, guest house, bed-and-breakfast establishment,
or other building which holds itself out by any means, including advertising,
license, registration with an innkeepers' group, convention listing association,
travel publication or similar association or with a government agency, as
being available to provide overnight lodging or use of facility space, such
as space for food and beverage service or meeting rooms, for consideration
to persons seeking temporary accommodation.
SMOKE-FREE ESTABLISHMENT
Any food or beverage or other establishment in which the possession
of lit tobacco smoke-producing instruments is prohibited by the owner or person
in control of the premises at all times and within all areas of the establishment.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigarette, cigar,
pipe or other such device which contains tobacco or other smoke-producing
products.
SPORTS OR RECREATIONAL FACILITY
Any enclosed or unenclosed stadium, pavilion, gymnasium, health club,
spa, swimming pool, roller or ice rink, bowling alley, boxing arena, billiard
parlor, pool hall or other similar place where members of the general public
assemble either to engage in physical exercise, participate in recreational
activities or athletic competition, or witness sports or other events.
THEATER OR PERFORMANCE ESTABLISHMENT
Any enclosed or unenclosed facility primarily used for the exhibition
of any motion picture, concert, stage drama, musical recital, dance, lecture
or other similar performances.
TOBACCO SMOKE-PRODUCING INSTRUMENT
Any device or configuration designed to facilitate the inhalation
of tobacco or other plant material smoke, including factory or hand-rolled
cigarettes or cigars, hookahs, and pipes.
WORKPLACE
Any area enclosed within four walls and having a ceiling that is
under the control of a public or private employer where one or more employees
are routinely assigned and normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias and hallways.
A private residence is not a workplace unless it is used as a child-care,
adult day care or health-care facility.
The Allegheny County Health Department shall administer the Allegheny
County Certified Smoke-Free Program in accordance with the requirements of
this chapter.
The Allegheny County Health Department may, at any time, revoke any
smoke-free certificate issued pursuant to the terms of this chapter, provided
that the Department:
A. Receives written or oral notice from multiple individuals
within a thirty-day period indicating that smoking has been permitted within
an establishment which has been given a smoke-free certificate; and
B. Conducts an investigation of the premises that are the
subject of the notices, and finds clear evidence that smoking has been or
is being permitted therein; and
C. Provides written notice to the owner and/or person(s)
in control of the premises that are the subject of the notices that the smoke-free
certificate is to be revoked, together with the factual bases for the revocation;
and
D. Provides an opportunity to the owner and/or person(s)
in control of the premises that are the subject of the notices to refute the
notices themselves and/or findings of the Department's investigation;
E. Confiscates the establishment's smoke-free certificate
in the event that a final decision to revoke the certificate is reached.
The Allegheny County Health Department shall maintain a current listing of all establishments and workplaces certified as smoke-free under the terms of this chapter on its Web site, together with the address and telephone number of each certified entity. In the event that any certification is revoked under the terms of §
567-6, the corresponding Web site listing shall be removed within 24 hours.