STATE OF NEW YORK
________________________________________________________________________
8371
2015-2016 Regular Sessions
IN ASSEMBLY
August 24, 2015
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to banning smoking in
hotel and motel rooms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of
2 the public health law, as amended by chapter 389 of the laws of 2011,
3 are amended to read as follows:
4 c. food service establishments, except as provided in subdivision
5 [six] five of section thirteen hundred ninety-nine-q of this article;
6 q. zoos; [and]
7 r. bingo facilities; and
8 s. hotels or motels including rooms rented to one or more guests.
9 § 2. Section 1399-q of the public health law, as amended by chapter 13
10 of the laws of 2003, is amended to read as follows:
11 § 1399-q. Smoking restrictions inapplicable. This article shall not
12 apply to:
13 1. Private homes, private residences and private automobiles;
14 2. [A hotel or motel room rented to one or more guests;
15 3.] Retail tobacco businesses;
16 [4.]3. Membership associations; provided, however, that smoking shall
17 only be allowed in membership associations in which all of the duties
18 with respect to the operation of such association, including, but not
19 limited to, the preparation of food and beverages, the service of food
20 and beverages, reception and secretarial work, and the security services
21 of the membership association are performed by members of such member-
22 ship association who do not receive compensation of any kind from the
23 membership association or any other entity for the performance of such
24 duties;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11853-01-5
A. 8371 2
1 [5.]4. Cigar bars that, in the calendar year ending December thirty-
2 first, two thousand two, generated ten percent or more of its total
3 annual gross income from the on-site sale of tobacco products and the
4 rental of on-site humidors, not including any sales from vending
5 machines, and is registered with the appropriate enforcement officer, as
6 defined in subdivision one of section thirteen hundred ninety-nine-t of
7 this article. Such registration shall remain in effect for one year and
8 shall be renewable only if: (a) in the preceding calendar year, the
9 cigar bar generated ten percent or more of its total annual gross income
10 from the on-site sale of tobacco products and the rental of on-site
11 humidors, and (b) the cigar bar has not expanded its size or changed its
12 location from its size or location since December thirty-first, two
13 thousand two;
14 [6.]5. Outdoor dining areas of food service establishments with no
15 roof or other ceiling enclosure; provided, however, that smoking may be
16 permitted in a contiguous area designated for smoking so long as such
17 area: (a) constitutes no more than twenty-five percent of the outdoor
18 seating capacity of such food service establishment, (b) is at least
19 three feet away from the outdoor area of such food service establishment
20 not designated for smoking, and (c) is clearly designated with written
21 signage as a smoking area; and
22 [7.]6. Enclosed rooms in food service establishments, bars, catering
23 halls, convention halls, hotel and motel conference rooms, and other
24 such similar facilities during the time such enclosed areas or rooms are
25 being used exclusively for functions where the public is invited for the
26 primary purpose of promoting and sampling tobacco products, and the
27 service of food and drink is incidental to such purpose, provided that
28 the sponsor or organizer gives notice in any promotional material or
29 advertisements that smoking will not be restricted, and prominently
30 posts notice at the entrance of the facility and has provided notice of
31 such function to the appropriate enforcement officer, as defined in
32 subdivision one of section thirteen hundred ninety-nine-t of this arti-
33 cle, at least two weeks prior to such function. The enforcement officer
34 shall keep a record of all tobacco sampling events, and such record
35 shall be made available for public inspection. No such facility shall
36 permit smoking under this subdivision for more than two days in any
37 calendar year.
38 § 3. This act shall take effect on the thirtieth day after it shall
39 have become a law.