STATE OF NEW YORK
________________________________________________________________________
5955--B
2015-2016 Regular Sessions
IN ASSEMBLY
March 9, 2015
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, JAFFEE, ARROYO, HOOPER,
ENGLEBRIGHT, FAHY, ZEBROWSKI, MOSLEY, MAGNARELLI, STIRPE, ABINANTI,
BRINDISI, CAHILL -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, GLICK,
PERRY, RIVERA -- read once and referred to the Committee on Health --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to including elec-
tronic cigarettes within provisions regulating smoking in certain
public areas
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 1399-n of the public health law,
2 as amended by chapter 13 of the laws of 2003, is amended and two new
3 subdivisions 9 and 10 are added to read as follows:
4 8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
5 any other matter or substance which contains tobacco, and the use of an
6 electronic cigarette.
7 9. "Electronic cigarette" or "e-cigarette" shall have the same meaning
8 as in subdivision thirteen of section thirteen hundred ninety-nine-aa of
9 this chapter.
10 10. "Retail electronic cigarette store" means a retail store devoted
11 primarily to the sale of electronic cigarettes, and in which the sale of
12 other products is merely incidental. The sale of such other products
13 shall be considered incidental if such sales generate less than twenty-
14 five percent of the total annual gross sales.
15 § 2. Subdivisions 6 and 7 of section 1399-q of the public health law,
16 as added by chapter 13 of the laws of 2003, are amended and a new subdi-
17 vision 8 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07109-04-5
A. 5955--B 2
1 6. Outdoor dining areas of food service establishments with no roof or
2 other ceiling enclosure; provided, however, that smoking may be permit-
3 ted in a contiguous area designated for smoking so long as such area:
4 (a) constitutes no more than twenty-five percent of the outdoor seating
5 capacity of such food service establishment, (b) is at least three feet
6 away from the outdoor area of such food service establishment not desig-
7 nated for smoking, and (c) is clearly designated with written signage as
8 a smoking area; [and]
9 7. Enclosed rooms in food service establishments, bars, catering
10 halls, convention halls, hotel and motel conference rooms, and other
11 such similar facilities during the time such enclosed areas or rooms are
12 being used exclusively for functions where the public is invited for the
13 primary purpose of promoting and sampling tobacco products or electronic
14 cigarettes, and the service of food and drink is incidental to such
15 purpose, provided that the sponsor or organizer gives notice in any
16 promotional material or advertisements that smoking will not be
17 restricted, and prominently posts notice at the entrance of the facility
18 and has provided notice of such function to the appropriate enforcement
19 officer, as defined in subdivision one of section thirteen hundred nine-
20 ty-nine-t of this article, at least two weeks prior to such function.
21 The enforcement officer shall keep a record of all tobacco sampling
22 events, and such record shall be made available for public inspection.
23 No such facility shall permit smoking under this subdivision for more
24 than two days in any calendar year[.]; and
25 8. Retail electronic cigarette stores, provided however, that such
26 stores may only permit the use of electronic cigarettes.
27 § 3. This act shall take effect on the thirtieth day after it shall
28 have become a law; provided, however, that effective immediately, the
29 addition, amendment and/or repeal of any rule or regulation necessary
30 for the implementation of section three of this act on its effective
31 date is authorized and directed to be made and completed on or before
32 such effective date.