Bill Text: NY A01514 | 2017-2018 | General Assembly | Introduced
Bill Title: Bans smoking in hotel and motel rooms.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01514 Detail]
Download: New_York-2017-A01514-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1514 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. ZEBROWSKI, PAULIN, STIRPE, GALEF, MAGNARELLI, THIELE, SOLAGES, FAHY, GOTTFRIED, ABINANTI, COOK, JAFFEE, SEPULVEDA, DINOWITZ, SIMON, RIVERA, JEAN-PIERRE, HOOPER -- Multi-Sponsored by -- M. of A. GLICK, HIKIND, STECK -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to banning smoking in hotel and motel rooms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of 2 the public health law, as amended by chapter 389 of the laws of 2011, 3 are amended to read as follows: 4 c. food service establishments, except as provided in subdivision 5 [six] five of section thirteen hundred ninety-nine-q of this article; 6 q. zoos; [and] 7 r. bingo facilities; and 8 s. hotels or motels including rooms rented to one or more guests. 9 § 2. Section 1399-q of the public health law, as amended by chapter 13 10 of the laws of 2003, is amended to read as follows: 11 § 1399-q. Smoking restrictions inapplicable. This article shall not 12 apply to: 13 1. Private homes, private residences and private automobiles; 14 2. [A hotel or motel room rented to one or more guests;153.] Retail tobacco businesses; 16 [4.]3. Membership associations; provided, however, that smoking shall 17 only be allowed in membership associations in which all of the duties 18 with respect to the operation of such association, including, but not 19 limited to, the preparation of food and beverages, the service of food 20 and beverages, reception and secretarial work, and the security services 21 of the membership association are performed by members of such member- 22 ship association who do not receive compensation of any kind from the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04440-01-7A. 1514 2 1 membership association or any other entity for the performance of such 2 duties; 3 [5.]4. Cigar bars that, in the calendar year ending December thirty- 4 first, two thousand two, generated ten percent or more of its total 5 annual gross income from the on-site sale of tobacco products and the 6 rental of on-site humidors, not including any sales from vending 7 machines, and is registered with the appropriate enforcement officer, as 8 defined in subdivision one of section thirteen hundred ninety-nine-t of 9 this article. Such registration shall remain in effect for one year and 10 shall be renewable only if: (a) in the preceding calendar year, the 11 cigar bar generated ten percent or more of its total annual gross income 12 from the on-site sale of tobacco products and the rental of on-site 13 humidors, and (b) the cigar bar has not expanded its size or changed its 14 location from its size or location since December thirty-first, two 15 thousand two; 16 [6.]5. Outdoor dining areas of food service establishments with no 17 roof or other ceiling enclosure; provided, however, that smoking may be 18 permitted in a contiguous area designated for smoking so long as such 19 area: (a) constitutes no more than twenty-five percent of the outdoor 20 seating capacity of such food service establishment, (b) is at least 21 three feet away from the outdoor area of such food service establishment 22 not designated for smoking, and (c) is clearly designated with written 23 signage as a smoking area; and 24 [7.]6. Enclosed rooms in food service establishments, bars, catering 25 halls, convention halls, hotel and motel conference rooms, and other 26 such similar facilities during the time such enclosed areas or rooms are 27 being used exclusively for functions where the public is invited for the 28 primary purpose of promoting and sampling tobacco products, and the 29 service of food and drink is incidental to such purpose, provided that 30 the sponsor or organizer gives notice in any promotional material or 31 advertisements that smoking will not be restricted, and prominently 32 posts notice at the entrance of the facility and has provided notice of 33 such function to the appropriate enforcement officer, as defined in 34 subdivision one of section thirteen hundred ninety-nine-t of this arti- 35 cle, at least two weeks prior to such function. The enforcement officer 36 shall keep a record of all tobacco sampling events, and such record 37 shall be made available for public inspection. No such facility shall 38 permit smoking under this subdivision for more than two days in any 39 calendar year. 40 § 3. This act shall take effect on the thirtieth day after it shall 41 have become a law.