Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.
STATE OF NEW YORK
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6766--A
2019-2020 Regular Sessions
IN SENATE
October 7, 2019
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Introduced by Sens. BAILEY, PARKER -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law, in relation to prohibiting public
display of tobacco and electronic cigarette advertisements and smoking
paraphernalia within five hundred feet of 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 section
2 1399-dd-1 to read as follows:
3 § 1399-dd-1. Public display of tobacco and electronic cigarette
4 advertisements and smoking paraphernalia prohibited. 1. For purposes of
5 this section:
6 (a) "Advertisement" means words, pictures, photographs, symbols,
7 graphics or visual images of any kind, or any combination thereof, which
8 bear a health warning required by federal statute, the purpose or effect
9 of which is to identify a brand of a tobacco product or electronic ciga-
10 rette, a trademark of a tobacco product or electronic cigarette or a
11 trade name associated exclusively with a tobacco product or electronic
12 cigarette, or to promote the use or sale of a tobacco product or elec-
13 tronic cigarette.
14 (b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
15 ing papers, vaporizer or any other device, equipment or apparatus
16 designed for the inhalation of tobacco or nicotine.
17 2. (a) It shall be unlawful for any person to place, cause to be
18 placed, to maintain or to cause to be maintained, smoking paraphernalia
19 or tobacco or electronic cigarette advertisements in a store front
20 window or any exterior window or any door which is used for entry or
21 egress by the public to the building or structure containing a place of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03767-07-9
S. 6766--A 2
1 business; provided such business is located within five hundred feet of
2 a public or private school.
3 (b) Each violation of this subdivision shall be punishable by a civil
4 penalty of not more than five hundred dollars.
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
