Prohibits the operation of a vending machine which dispenses tobacco products unless the machine is located more than three hundred fifty feet from a building occupied exclusively as a school, church, synagogue or other place of worship.
STATE OF NEW YORK
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4290
2025-2026 Regular Sessions
IN SENATE
February 3, 2025
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Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the placement of
tobacco vending machines near schools, churches, synagogues or other
places of worship
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-dd of the public health law, as amended by
2 chapter 448 of the laws of 2012 and subdivision (d) as amended by chap-
3 ter 100 of the laws of 2019, is amended to read as follows:
4 § 1399-dd. Sale of tobacco products, herbal cigarettes or electronic
5 cigarettes in vending machines. No person, firm, partnership, company or
6 corporation shall operate a vending machine which dispenses tobacco
7 products, herbal cigarettes or electronic cigarettes unless such machine
8 is located: (a) in a bar as defined in subdivision one of section thir-
9 teen hundred ninety-nine-n of this chapter, or the bar area of a food
10 service establishment with a valid, on-premises full liquor license; (b)
11 in a private club; (c) in a tobacco business as defined in subdivision
12 eight of section thirteen hundred ninety-nine-aa of this article; or (d)
13 in a place of employment which has an insignificant portion of its regu-
14 lar workforce comprised of people under the age of twenty-one years and
15 only in such locations that are not accessible to the general public;
16 provided, however, that in such locations the vending machine is located
17 in plain view and under the direct supervision and control of the person
18 in charge of the location or [his or her] such person's designated agent
19 or employee; provided, further, however, that no such vending machine
20 shall be within three hundred fifty feet of a building occupied exclu-
21 sively as a school, church, synagogue or other place of worship.
22 § 2. This act shall take effect on the thirtieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07983-01-5