Prohibits advertising for tobacco products and herbal cigarettes on school grounds or within 1000 feet of the boundary line of the real property of any public or private school; provides for a civil penalty of between $250 and $1000 for a first violation, $500 to $2000 for a second violation, and at least $1000 for any subsequent violation.
STATE OF NEW YORK
________________________________________________________________________
5300
2013-2014 Regular Sessions
IN ASSEMBLY
February 22, 2013
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to prohibiting the
advertisement of tobacco products and herbal cigarettes near schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 13-I to read as follows:
3 ARTICLE 13-I
4 ADVERTISING TOBACCO PRODUCTS AND
5 HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS
6 Section 1399-aaa. Definitions.
7 1399-bbb. Advertising prohibited near schools.
8 1399-ccc. Hearings; penalties.
9 § 1399-aaa. Definitions. As used in this article:
10 1. "Person" means a person, firm, company, corporation, partnership,
11 sole proprietor, limited partnership, association, limited liability
12 company or limited liability partnership.
13 2. "Tobacco products" means one or more cigarettes, cigars, bidis,
14 chewing tobacco, powdered tobacco, nicotine water or any other tobacco
15 products.
16 3. "Herbal cigarette" means any product made primarily of an herb or
17 combination of herbs, and intended to be smoked in any of the methods
18 that tobacco is smoked, including but not limited to, as a cigarette,
19 cigar or pipe filter.
20 4. "School grounds" means (a) in, on or within any building, struc-
21 ture, athletic playing field, playground or land contained within the
22 real property boundary line of a public or private elementary, parochi-
23 al, intermediate, junior high, vocational, or high school, or (b) any
24 area accessible to the public located within one thousand feet of the
25 real property boundary line comprising any such school or any parked
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07634-01-3
A. 5300 2
1 automobile or other parked vehicle located within one thousand feet of
2 the real property boundary line comprising any such school. For the
3 purposes of this section an "area accessible to the public" shall mean
4 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
5 rants.
6 § 1399-bbb. Advertising prohibited near schools. No person engaged in
7 the business of manufacturing, selling, advertising, marketing or other-
8 wise distributing tobacco products or herbal cigarettes, or any agent or
9 employee of such person, shall advertise, market or promote tobacco
10 products or herbal cigarettes or the purchase or use thereof upon school
11 grounds.
12 § 1399-ccc. Hearings; penalties. 1. Hearings with respect to violation
13 of this article shall be conducted in the same manner as hearings
14 conducted under article thirteen-E of this chapter.
15 2. If the enforcement officer determines after a hearing that a
16 violation of this article has occurred, he or she shall impose a civil
17 penalty of a minimum of two hundred fifty dollars, but not to exceed one
18 thousand dollars for a first violation, a minimum of five hundred
19 dollars, but not to exceed two thousand dollars for a second violation,
20 and a minimum of one thousand dollars for each subsequent violation.
21 § 2. This act shall take effect on the first of September next
22 succeeding the date on which it shall have become a law.
