CONCURRING OPINION BY
Judge COLINS.Although I agree with the outcome in this case, I respectfully disagree with part of the majority’s analysis. The Ordinance goes well beyond any restrictions entailed in the Commonwealth’s Clean Indoor Air Act.1 It not only outlaws smoking in public places but also many private places, as well as in any workplace. Further, the Ordinance, in Section vii, purports to control smoking in “any licensed gaming facility.” Licensed gaming facilities did not exist at the time of the passage of the Clean Air Act (December 21, 1988) and, therefore, it could not have been the intent *740of the legislature to preempt the control of smoking in facilities which could not legally exist. However, there is clearly implied preemption pursuant to the standards expressed in Burkholder v. Zoning Hearing Board of Richmond Township, 902 A.2d 1006 (Pa.Cmwlth.2006).
As the Bard noted, “What’s in a name? That which we call a rose by any other name would smell as sweet.” Therefore, under either analysis, there is preemption, and the Ordinance cannot be enforced.2
. Act of April 27, 1927, P.L. 465, added by Section 2 of the Act of December 21, 1988, P.L. 1315.
. Senator Stewart Greenleaf has introduced Senate Bill No. 246, which act would be known as the Clean Indoor Air Act. The bill has been reported as committed from the Public Health and Welfare Committee and has recently been referred to the Senate Appropriations Committee. The present version of the proposed Clean Indoor Air Act, printer’s No. 25, sets forth legislative findings concerning the harmful aspects of smoke to smokers and nonsmokers alike. The Bill sets forth its purpose as an intent on the part of the General Assembly “to protect the public health, the comfort of all persons and the environment by prohibiting smoking in public places and workplaces.” Section 2(b). While the new Act affirmatively prohibits smoking in public places (with qualifications for certain establishments such as hotels), Section 12 of the proposed Act permits municipalities to enact ordinances that comply “with at least the minimum applicable standards in [the Act].”