On September 11, 2008, the Pennsylvania Clean Indoor Air Act (CIAA) goes into effect. This law prohibits smoking in all public places throughout the Commonwealth of Pennsylvania. Under the law, private clubs have been granted an exemption from this smoking ban. However, to receive this exemption a club must meet the statutory definition of “private club” and the club’s officers must then vote to allow smoking in the club.
The CIAA defines a “private club” as an organization comprised of a reputable group of individuals associated for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience and:
- As of September 11, 2008, the organization must have been in continuous existence for ten years.
- The organization must regularly and exclusively occupy, as owner or lessee, a clubhouse or quarter for the use of its members.
- The organization
- Holds regular meetings,
- Conducts its business through officers regularly elected,
- Admits members by written application, investigation and ballot, and
- Charges and collects dues from its members.
All NCA member clubs should have no problem satisfying the CIAA’s statutory definition of “private club.”
The next step a club must take to receive the exemption is for its officers to take and record a vote addressing smoking in the club’s facilities. If the officers vote to allow smoking, members of the club may smoke during member-only meetings and member-only activities.
Even if the officers vote to allow smoking, smoking is still prohibited when the club is open to the public for a club-sponsored event – like a golf tournament – and when the club is leased or used for a private event which is not club sponsored – like a wedding reception or banquet.
Should a club’s officers vote to allow smoking, it does not need to request approval from the Pennsylvania Department of Health or any other state department or agency to allow smoking. However, it is strongly suggested that a club report the officers’ vote to the Department of Health so the information is available in the event any complaints are made against the club. Forms to report the vote are available at www.health.state.pa.us or you may contact 1.877.835.9535 to have the form sent to you.