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S02202 Summary:

BILL NOS02202B
 
SAME ASSAME AS A05955-B
 
SPONSORHANNON
 
COSPNSRAKSHAR, AVELLA, CARLUCCI, ESPAILLAT, HAMILTON, LAVALLE, MARTINS, PARKER, RITCHIE
 
MLTSPNSR
 
Amd SS1399-n & 1399-q, Pub Health L
 
Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.
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S02202 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2202--B
            Cal. No. 393
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2015
                                       ___________
 
        Introduced  by  Sens. HANNON, AVELLA, CARLUCCI, MARTINS, RITCHIE -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Health -- reported favorably from said committee, ordered
          to  first  and  second  report, amended on second report, ordered to a
          third reading, and to be reprinted as amended, retaining its place  in
          the  order  of  third  reading  -- committee discharged, bill amended,
          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:
    18    6. Outdoor dining areas of food service establishments with no roof or
    19  other  ceiling enclosure; provided, however, that smoking may be permit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07109-05-5

        S. 2202--B                          2
 
     1  ted in a contiguous area designated for smoking so long  as  such  area:
     2  (a)  constitutes no more than twenty-five percent of the outdoor seating
     3  capacity of such food service establishment, (b) is at least three  feet
     4  away from the outdoor area of such food service establishment not desig-
     5  nated for smoking, and (c) is clearly designated with written signage as
     6  a smoking area; [and]
     7    7.  Enclosed  rooms  in  food  service  establishments, bars, catering
     8  halls, convention halls, hotel and motel  conference  rooms,  and  other
     9  such similar facilities during the time such enclosed areas or rooms are
    10  being used exclusively for functions where the public is invited for the
    11  primary purpose of promoting and sampling tobacco products or electronic
    12  cigarettes,  and  the  service  of  food and drink is incidental to such
    13  purpose, provided that the sponsor or  organizer  gives  notice  in  any
    14  promotional   material  or  advertisements  that  smoking  will  not  be
    15  restricted, and prominently posts notice at the entrance of the facility
    16  and has provided notice of such function to the appropriate  enforcement
    17  officer, as defined in subdivision one of section thirteen hundred nine-
    18  ty-nine-t  of  this  article, at least two weeks prior to such function.
    19  The enforcement officer shall keep a  record  of  all  tobacco  sampling
    20  events,  and  such record shall be made available for public inspection.
    21  No such facility shall permit smoking under this  subdivision  for  more
    22  than two days in any calendar year[.]; and
    23    8.  Retail  electronic  cigarette  stores, provided however, that such
    24  stores may only permit the use of electronic cigarettes.
    25    § 3. This act shall take effect on the thirtieth day  after  it  shall
    26  have  become  a  law; provided, however, that effective immediately, the
    27  addition, amendment and/or repeal of any rule  or  regulation  necessary
    28  for  the  implementation  of  section three of this act on its effective
    29  date is authorized and directed to be made and completed  on  or  before
    30  such effective date.
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