Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 232-A. Preemption

(a) All powers and jurisdiction over dealers licensed under this article, and regarding or affecting the sale of tobacco products by dealers licensed under this article, shall reside in the Commonwealth unless any such power or jurisdiction is specifically granted to a political subdivision.

(b) This section shall not apply to any ordinance or regulation adopted by a city of the first class prior to June 1, 2018, regarding or affecting the sale of tobacco products by dealers licensed under this article.  Ordinances and regulations adopted prior to June 1, 2018, shall remain in full force and effect unless repealed by a city of the first class.  Nothing in this subsection may be construed to prohibit a city of the first class from enacting or amending an ordinance requiring tobacco products to be maintained behind a counter and under the exclusive control of the retailer or employee of the retailer prior to purchase, provided that the ordinance may not apply to retail stores that derive 75% or more of gross revenue on an annual basis from tobacco products or to an establishment that prohibits minors from entering.

(c) As used in this section, the term “tobacco product” shall have the same meaning as defined in 18 Pa.C.S. § 6305(k) (relating to sale of tobacco).