S00736 Summary:
BILL NO | S00736A |
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SAME AS | No Same As |
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SPONSOR | ORTT |
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COSPNSR | |
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MLTSPNSR | |
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Amd §1399-q, Pub Health L | |
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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. |
S00736 Text:
Go to top 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. LBD04601-02-8S. 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.