STATE OF NEW YORK
________________________________________________________________________
1514
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
___________
Introduced by M. of A. ZEBROWSKI, PAULIN, STIRPE, GALEF, MAGNARELLI,
THIELE, SOLAGES, FAHY, GOTTFRIED, ABINANTI, COOK, JAFFEE, SEPULVEDA,
DINOWITZ, SIMON, RIVERA, JEAN-PIERRE, HOOPER -- Multi-Sponsored by --
M. of A. GLICK, HIKIND, STECK -- read once and referred to the Commit-
tee 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04440-01-7
A. 1514 2
1 membership association or any other entity for the performance of such
2 duties;
3 [5.]4. Cigar bars that, in the calendar year ending December thirty-
4 first, two thousand two, generated ten percent or more of its total
5 annual gross income from the on-site sale of tobacco products and the
6 rental of on-site humidors, not including any sales from vending
7 machines, and is registered with the appropriate enforcement officer, as
8 defined in subdivision one of section thirteen hundred ninety-nine-t of
9 this article. Such registration shall remain in effect for one year and
10 shall be renewable only if: (a) in the preceding calendar year, the
11 cigar bar generated ten percent or more of its total annual gross income
12 from the on-site sale of tobacco products and the rental of on-site
13 humidors, and (b) the cigar bar has not expanded its size or changed its
14 location from its size or location since December thirty-first, two
15 thousand two;
16 [6.]5. Outdoor dining areas of food service establishments with no
17 roof or other ceiling enclosure; provided, however, that smoking may be
18 permitted in a contiguous area designated for smoking so long as such
19 area: (a) constitutes no more than twenty-five percent of the outdoor
20 seating capacity of such food service establishment, (b) is at least
21 three feet away from the outdoor area of such food service establishment
22 not designated for smoking, and (c) is clearly designated with written
23 signage as a smoking area; and
24 [7.]6. Enclosed rooms in food service establishments, bars, catering
25 halls, convention halls, hotel and motel conference rooms, and other
26 such similar facilities during the time such enclosed areas or rooms are
27 being used exclusively for functions where the public is invited for the
28 primary purpose of promoting and sampling tobacco products, and the
29 service of food and drink is incidental to such purpose, provided that
30 the sponsor or organizer gives notice in any promotional material or
31 advertisements that smoking will not be restricted, and prominently
32 posts notice at the entrance of the facility and has provided notice of
33 such function to the appropriate enforcement officer, as defined in
34 subdivision one of section thirteen hundred ninety-nine-t of this arti-
35 cle, at least two weeks prior to such function. The enforcement officer
36 shall keep a record of all tobacco sampling events, and such record
37 shall be made available for public inspection. No such facility shall
38 permit smoking under this subdivision for more than two days in any
39 calendar year.
40 § 3. This act shall take effect on the thirtieth day after it shall
41 have become a law.
