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S00736 Summary:

BILL NOS00736A
 
SAME ASNo Same As
 
SPONSORORTT
 
COSPNSR
 
MLTSPNSR
 
Amd §1399-q, Pub Health L
 
Relates to excluding patios and other outdoor areas on the premises of any entity licensed to operate a video lottery gaming facility from restrictions of the Clean Indoor Air Act.
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S00736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         736--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the public health law, in relation to excluding patios
          and other outdoor areas on the premises  of  any  entity  licensed  to
          operate a video lottery gaming facility from restrictions of the Clean
          Indoor Air act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1399-q of the public  health  law,  as  amended  by
     2  chapter 335 of the laws of 2017, is amended to read as follows:
     3    §  1399-q.  Smoking and vaping restrictions inapplicable. This article
     4  shall not apply to:
     5    1. Private homes, private residences and private automobiles;
     6    2. A hotel or motel room rented to one or more guests;
     7    3. Retail tobacco businesses;
     8    4. Membership associations; provided, however, that smoking and vaping
     9  shall only be allowed in membership associations in  which  all  of  the
    10  duties with respect to the operation of such association, including, but
    11  not  limited  to,  the preparation of food and beverages, the service of
    12  food and beverages, reception and secretarial  work,  and  the  security
    13  services  of the membership association are performed by members of such
    14  membership association who do not receive compensation of any kind  from
    15  the  membership  association  or any other entity for the performance of
    16  such duties;
    17    5. Cigar bars that, in the calendar year ending December thirty-first,
    18  two thousand two, generated ten percent or  more  of  its  total  annual
    19  gross income from the on-site sale of tobacco products and the rental of
    20  on-site  humidors, not including any sales from vending machines, and is
    21  registered with the  appropriate  enforcement  officer,  as  defined  in
    22  subdivision  one of section thirteen hundred ninety-nine-t of this arti-
    23  cle. Such registration shall remain in effect for one year and shall  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04601-02-8

        S. 736--A                           2
 
     1  renewable  only  if:  (a)  in the preceding calendar year, the cigar bar
     2  generated ten percent or more of its total annual gross income from  the
     3  on-site sale of tobacco products and the rental of on-site humidors, and
     4  (b) the cigar bar has not expanded its size or changed its location from
     5  its size or location since December thirty-first, two thousand two;
     6    6. Outdoor dining areas of food service establishments with no roof or
     7  other  ceiling enclosure; provided, however, that smoking and vaping may
     8  be permitted in a contiguous area designated for smoking and  vaping  so
     9  long  as  such area: (a) constitutes no more than twenty-five percent of
    10  the outdoor seating capacity of such food service establishment, (b)  is
    11  at  least  three  feet  away  from the outdoor area of such food service
    12  establishment not designated for smoking and vaping, and (c) is  clearly
    13  designated with written signage as a smoking and vaping area;
    14    7.  Enclosed  rooms  in  food  service  establishments, bars, catering
    15  halls, convention halls, hotel and motel  conference  rooms,  and  other
    16  such similar facilities during the time such enclosed areas or rooms are
    17  being used exclusively for functions where the public is invited for the
    18  primary purpose of promoting and sampling tobacco products or electronic
    19  cigarettes,  and  the  service  of  food and drink is incidental to such
    20  purpose, provided that the sponsor or  organizer  gives  notice  in  any
    21  promotional  material or advertisements that smoking and vaping will not
    22  be restricted, and prominently posts  notice  at  the  entrance  of  the
    23  facility  and  has  provided  notice of such function to the appropriate
    24  enforcement officer, as defined in subdivision one of  section  thirteen
    25  hundred  ninety-nine-t of this article, at least two weeks prior to such
    26  function. The enforcement officer shall keep a  record  of  all  tobacco
    27  sampling  events,  and  such  record  shall be made available for public
    28  inspection. No such facility shall permit smoking and vaping under  this
    29  subdivision for more than two days in any calendar year; [and]
    30    8.  Retail  electronic  cigarette  stores, provided however, that such
    31  stores may only permit the use of electronic cigarettes; and
    32    9. Patios and other outdoor  areas  on  the  premises  of  any  entity
    33  licensed  to operate a video lottery gaming facility pursuant to section
    34  one thousand six hundred seventeen-a of the tax law which are covered by
    35  a roof or other ceiling enclosure; provided that such covered  patio  or
    36  other  outdoor  area  must  be clearly designated as a smoking area, and
    37  must either (a) be completely open on at least one side, with no wall on
    38  one side, or (b) be open on two or more sides, with partial walls on the
    39  two or more open sides to the height of not more than fifty  percent  of
    40  the  distance  between  the  floor  and ceiling. Air permeable materials
    41  which function as a weather barrier and which do  not  provide  a  rigid
    42  partition  shall  be  disregarded  for purposes of determining whether a
    43  covered patio or other outdoor area is open on one, two or  more  sides.
    44  Jurisdiction  in  all matters pertaining to a smoking area on patios and
    45  other outdoor areas on the premises of any entity licensed to operate  a
    46  video  lottery  gaming  facility  pursuant  to  section one thousand six
    47  hundred seventeen-a of the tax law in this state is  vested  exclusively
    48  in  the  state. Any provision of any local law or ordinance, or any rule
    49  or regulation promulgated thereto, governing or  prohibiting  a  smoking
    50  area  on  patios  and  other outdoor areas on the premises of any entity
    51  licensed to operate a video lottery gaming facility pursuant to  section
    52  one  thousand six hundred seventeen-a of the tax law in the state shall,
    53  upon the effective date of the chapter of the laws of two thousand eigh-
    54  teen which added this subdivision, be preempted.
    55    § 2. This act shall take effect immediately.
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