Establishes a license to sell liquor at retail for consumption on premises in a cigar lounge; defines "cigar lounge"; requires cigar lounges to provide written notification warning employees of the dangers of exposure to tobacco smoke.
STATE OF NEW YORK
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8162
2021-2022 Regular Sessions
IN ASSEMBLY
July 7, 2021
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
establishing a license to sell liquor at retail for consumption on
premises in a cigar lounge; and to amend the labor law, in relation to
requiring cigar lounges to provide written notification warning
employees of the dangers of exposure to tobacco smoke
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 7-e to read as follows:
3 7-e. "Cigar lounge" means any bona fide retail store that: (a) caters
4 to patrons who purchase and smoke premium cigars; (b) generates sixty
5 percent of its quarterly adjusted gross revenue from the sale of cigar-
6 related products, which is limited to cigars, humidors, cigar cutters,
7 cigar cases, lighters and ashtrays. Revenue from state lottery, mail
8 order, and internet sales, as well as revenue generated from other
9 tobacco sales in store, including cigarettes and loose tobacco sales,
10 shall not be used to determine whether an establishment satisfies the
11 definition of a cigar lounge; (c) has a humidor on the premises; (d) is
12 open to the public on a regular basis; (e) has seating for a minimum of
13 fifteen patrons; (f) does not allow any person under the age of twenty-
14 one on the premises unless accompanied by a parent, legal guardian, or
15 adult spouse; (g) does not allow service of food and the smoking of
16 cigarettes, e-cigarettes, hookah or shisha; and (h) holds a current New
17 York retail dealer certificate of registration for cigarettes and tobac-
18 co products and such business was issued their first certificate prior
19 to June first, two thousand eighteen at any address. A cigar lounge
20 shall be a permanent structure where stock is displayed and offered for
21 sale and that has facilities to properly secure any stock of alcoholic
22 beverages.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11089-01-1
A. 8162 2
1 § 2. The alcoholic beverage control law is amended by adding a new
2 section 64-e to read as follows:
3 § 64-e. License to sell liquor at retail for consumption on premises
4 in a cigar lounge. 1. A cigar lounge means a business which meets the
5 requirements of a cigar lounge as defined in section three of this chap-
6 ter.
7 2. Any person currently licensed in New York with a retail dealer
8 certificate of registration for cigarettes and tobacco products who was
9 first issued such certificate prior to June first, two thousand eighteen
10 at any address and who does not currently or did hold prior a club
11 liquor or club beer license at the same location of the cigar lounge may
12 make an application to the appropriate board for a license to sell
13 liquor at retail to be consumed on the premises where sold and such
14 license shall be issued to all applicants except for good cause shown.
15 3. Such application shall be in such form and shall contain such
16 information as shall be required by the rules of the liquor authority
17 and shall be accompanied by a check or draft in the amount required by
18 this article for such license.
19 4. Such license shall, in form and in substance, be a license to the
20 person specifically licensed to sell liquor at retail to be consumed
21 upon the premises. Such license shall also be deemed to include a
22 license to sell wine and beer at retail to be consumed under the same
23 terms and conditions without the payment of any additional fee.
24 5. Such license shall waive any requirement of prepared or non-pre-
25 pared food to be available on premises. Food cannot be prepared or
26 served by a licensee.
27 6. Such license shall require that a cigar lounge stock liquor, beer
28 and wine products produced in New York state as at least five percent of
29 its liquor, beer and wine selections, provided that these products are
30 readily available to the cigar lounge.
31 7. All applicants for employment at a cigar lounge shall be presented
32 with a written notice that states that working in a cigar lounge has
33 serious and permanent negative health effects, including, but not limit-
34 ed to, an increased risk of cancer and heart disease, and that no level
35 of exposure to second-hand smoke is safe.
36 § 3. Section 66 of the alcoholic beverage control law is amended by
37 adding a new subdivision 11 to read as follows:
38 11. The annual fee for a license to sell liquor at retail for consump-
39 tion on premises in a cigar lounge shall be one thousand seven hundred
40 ninety-two dollars per year.
41 § 4. The labor law is amended by adding a new section 202-n to read as
42 follows:
43 § 202-n. Cigar lounge employees; tobacco smoke exposure notification.
44 A cigar lounge, as defined in section three of the alcoholic beverage
45 control law, shall provide written notice to all employees and appli-
46 cants for employment that working in a cigar lounge may cause serious
47 negative health effects, including an increased risk of cancer and heart
48 disease and that no level of exposure to environmental tobacco smoke is
49 safe.
50 § 5. This act shall take effect immediately.
