PENNSYLVANIA, February 20 - Section 2. Section 3(b)(11) of the act is amended to read:

Section 3. Prohibition.

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(b) Exceptions.--Subsection (a) shall not apply to any of

the following:

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(11) Unless [otherwise increased under this paragraph,]

smoking is prohibited on 100% of the gaming floor in a

licensed facility, 25% of the gaming floor at a licensed

facility[.] unless that percentage is otherwise increased

under this paragraph. The designated smoking area must be an

enclosed area with adequate ventilation system to eliminate

the permeation of smoke into nonsmoking areas. No earlier

than 90 days following the effective date of this section or

the date of commencement of slot machine operations at a

licensed facility, whichever is later, a licensed facility

shall request a report from the Department of Revenue that

analyzes the gross terminal revenue per slot machine unit in

operation at the licensed facility within the 90-day period

preceding the request. If the report shows that the average

gross terminal revenue per slot machine unit in the

designated smoking area equals or exceeds the average gross

terminal revenue per slot machine unit in the designated

nonsmoking area, the licensed facility may increase the

designated smoking area of the gaming floor in proportion to

the percentage difference in revenue. A licensed facility may

request this report from the Department of Revenue on a

quarterly basis and may increase the designated smoking area

of the gaming floor accordingly. At no time may the

designated smoking area exceed 50% of the gaming floor. The

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