Bill Text: NY A06842 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to prohibited locations for new retail electronic cigarette stores and tobacco businesses.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced) 2019-06-03 - print number 6842a [A06842 Detail]

Download: New_York-2019-A06842-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6842--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 21, 2019
                                       ___________

        Introduced  by  M.  of  A.  ENGLEBRIGHT,  D'URSO,  REYES, COOK, EPSTEIN,
          JAFFEE, PICHARDO,  LIFTON,  ARROYO,  ABINANTI,  STECK,  SIMON,  BLAKE,
          WILLIAMS,  GLICK,  ORTIZ,  GRIFFIN  --  Multi-Sponsored by -- M. of A.
          DINOWITZ, SAYEGH -- read once and referred to the Committee on  Health
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend  the  public  health  law,  in  relation  to  prohibited
          locations  for  retail  electronic  cigarette stores and tobacco busi-
          nesses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  1399-aa  of  the public health law is amended by
     2  adding a new subdivision 14 to read as follows:
     3    14. "Retail electronic cigarette store" means a retail  store  devoted
     4  primarily to the sale of electronic cigarettes, and in which the sale of
     5  other  products  is incidental. The sale of such other products shall be
     6  considered incidental if  such  sales  generate  less  than  twenty-five
     7  percent of the total annual gross sales.
     8    §  2.  The  public  health  law  is  amended  by  adding a new section
     9  1399-mm-1 to read as follows:
    10    § 1399-mm-1. Retail electronic  cigarette  stores  and  tobacco  busi-
    11  nesses;  prohibited locations of new stores. 1. No new retail electronic
    12  cigarette store and/or tobacco business shall be constructed or located:
    13    (a) on the same street or avenue and within  two  hundred  feet  of  a
    14  building  occupied  exclusively  as a school, church, synagogue or other
    15  place of worship;
    16    (b) in a city within five hundred  feet  of  three  or  more  existing
    17  retail electronic cigarette stores and/or tobacco businesses; or
    18    (c)  in  a  town  or village within a two square mile area of three or
    19  more existing retail electronic cigarette stores  and/or  tobacco  busi-
    20  nesses.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09776-12-9

        A. 6842--A                          2

     1    2.  The measurements in paragraphs (a), (b) and (c) of subdivision one
     2  of this section are to be taken in straight lines from the center of the
     3  nearest entrance of the premises sought to be licensed to the center  of
     4  the nearest entrance of such school, church, synagogue or other place of
     5  worship  or  to  the  center  of the nearest entrance of each new retail
     6  electronic cigarette store and/or tobacco business.
     7    3. Within the context of this section, the word "entrance" shall  mean
     8  a door of a school, of a house of worship, or of a new retail electronic
     9  cigarette  store and/or tobacco business, regularly used to give ingress
    10  to students of the school, to the general public attending the place  of
    11  worship,  and  to patrons or guests of a new retail electronic cigarette
    12  store and/or tobacco business, except that where a school  or  house  of
    13  worship or new retail electronic cigarette store and/or tobacco business
    14  is set back from a public thoroughfare, the walkway or stairs leading to
    15  any  such door shall be deemed an entrance; and the measurement shall be
    16  taken to the center of the walkway or stairs at the point where it meets
    17  the building line or public thoroughfare. A door which has  no  exterior
    18  hardware,  or  which is used solely as an emergency or fire exit, or for
    19  maintenance purposes, or which leads directly to a part  of  a  building
    20  not  regularly  used  by the general public or patrons, is not deemed an
    21  "entrance".
    22    4. Within the context of this section, a building occupied as a  place
    23  of  worship  does  not  cease to be "exclusively" occupied as a place of
    24  worship by incidental uses that are not of a nature to detract from  the
    25  predominant  character  of the building as a place of worship, such uses
    26  which include, but which are not limited  to:  the  conduct  of  legally
    27  authorized  games  of  bingo or other games of chance held as a means of
    28  raising  funds  for  the  not-for-profit  religious  organization  which
    29  conducts  services  at  the place of worship or for other not-for-profit
    30  organizations or groups; use of the building  for  fundraising  perform-
    31  ances  by or benefitting the not-for-profit religious organization which
    32  conducts services at the place of worship or other not-for-profit organ-
    33  izations or groups; the use of the building by other religious organiza-
    34  tions or groups for religious services or other purposes; the conduct of
    35  social activities by or for the benefit of the congregants; the  use  of
    36  the  building  for  meetings  held  by organizations or groups providing
    37  bereavement counseling to persons having suffered the loss  of  a  loved
    38  one,  or  providing advice or support for conditions or diseases includ-
    39  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
    40  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
    41  building for blood drives, health screenings, health  information  meet-
    42  ings,  yoga  classes,  exercise  classes or other activities intended to
    43  promote the health of the congregants or other persons; and use  of  the
    44  building  by  non-congregant members of the community for private social
    45  functions. The building occupied as a place of worship does not cease to
    46  be "exclusively" occupied as a place of worship where the not-for-profit
    47  religious organization  occupying  the  place  of  worship  accepts  the
    48  payment  of  funds to defray costs related to another party's use of the
    49  building.
    50    5. The provisions of this section shall not  apply  to  any  currently
    51  existing retail electronic cigarette stores and/or tobacco businesses.
    52    § 3. This act shall take effect on the one hundred twentieth day after
    53  it shall have become a law.
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