Prohibits advertising for tobacco products and herbal cigarettes on school grounds or within 500 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
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4522--A
Cal. No. 1491
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
___________
Introduced by Sen. SANDERS -- 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 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02012-02-8
S. 4522--A 2
1 real property boundary line of a public or private elementary, parochi-
2 al, intermediate, junior high, vocational, or high school, or (b) any
3 area accessible to the public located within five hundred feet of the
4 real property boundary line comprising any such school or any parked
5 automobile or other parked vehicle located within five hundred feet of
6 the real property boundary line comprising any such school. For the
7 purposes of this section an "area accessible to the public" shall mean
8 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
9 rants.
10 § 1399-bbb. Advertising prohibited near schools. No person engaged in
11 the business of manufacturing, selling, advertising, marketing or other-
12 wise distributing tobacco products or herbal cigarettes, or any agent or
13 employee of such person, shall advertise, market or promote tobacco
14 products or herbal cigarettes or the purchase or use thereof upon school
15 grounds.
16 § 1399-ccc. Hearings; penalties. 1. Hearings with respect to violation
17 of this article shall be conducted in the same manner as hearings
18 conducted under article thirteen-E of this chapter.
19 2. If the enforcement officer determines after a hearing that a
20 violation of this article has occurred, he or she shall impose a civil
21 penalty of a minimum of two hundred fifty dollars, but not to exceed one
22 thousand dollars for a first violation, a minimum of five hundred
23 dollars, but not to exceed two thousand dollars for a second violation,
24 and a minimum of one thousand dollars for each subsequent violation.
25 § 2. This act shall take effect on the first of September next
26 succeeding the date on which it shall have become a law.
