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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A06842 Detail]

Download: New_York-2019-A06842-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6842
                               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  --
          Multi-Sponsored by -- M. of A. SAYEGH -- read once and referred to the
          Committee on Health
        AN  ACT  to  amend  the  public  health  law,  in relation to prohibited
          locations for retail electronic cigarette stores
          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; prohibited locations.
    11  1. No retail electronic cigarette store shall be located:
    12    (a) on the same street or avenue and within one  thousand  feet  of  a
    13  building  occupied  exclusively  as a school, church, synagogue or other
    14  place of worship;
    15    (b) in a city within one thousand  feet  of  three  or  more  existing
    16  retail electronic cigarette stores; or
    17    (c)  in  a  town  or village within a two square mile area of three or
    18  more existing retail electronic cigarette stores.
    19    2. The measurements in paragraphs (a), (b) and (c) of subdivision  one
    20  of this section are to be taken in straight lines from the center of the
    21  nearest  entrance of the premises sought to be licensed to the center of
    22  the nearest entrance of such school, church, synagogue or other place of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09776-03-9
        A. 6842                             2
     1  worship or to the center of the nearest entrance of  each  retail  elec-
     2  tronic cigarette store.
     3    3.  Within the context of this section, the word "entrance" shall mean
     4  a door of a school, of a house of worship, or  of  a  retail  electronic
     5  cigarette  store,  regularly  used  to  give  ingress to students of the
     6  school, to the general public attending the place  of  worship,  and  to
     7  patrons  or  guests  of a retail electronic cigarette store, except that
     8  where a school or house of worship or retail electronic cigarette  store
     9  is set back from a public thoroughfare, the walkway or stairs leading to
    10  any  such door shall be deemed an entrance; and the measurement shall be
    11  taken to the center of the walkway or stairs at the point where it meets
    12  the building line or public thoroughfare. A door which has  no  exterior
    13  hardware,  or  which is used solely as an emergency or fire exit, or for
    14  maintenance purposes, or which leads directly to a part  of  a  building
    15  not  regularly  used  by the general public or patrons, is not deemed an
    16  "entrance".
    17    4. Within the context of this section, a building occupied as a  place
    18  of  worship  does  not  cease to be "exclusively" occupied as a place of
    19  worship by incidental uses that are not of a nature to detract from  the
    20  predominant  character  of the building as a place of worship, such uses
    21  which include, but which are not limited  to:  the  conduct  of  legally
    22  authorized  games  of  bingo or other games of chance held as a means of
    23  raising  funds  for  the  not-for-profit  religious  organization  which
    24  conducts  services  at  the place of worship or for other not-for-profit
    25  organizations or groups; use of the building  for  fundraising  perform-
    26  ances  by or benefitting the not-for-profit religious organization which
    27  conducts services at the place of worship or other not-for-profit organ-
    28  izations or groups; the use of the building by other religious organiza-
    29  tions or groups for religious services or other purposes; the conduct of
    30  social activities by or for the benefit of the congregants; the  use  of
    31  the  building  for  meetings  held  by organizations or groups providing
    32  bereavement counseling to persons having suffered the loss  of  a  loved
    33  one,  or  providing advice or support for conditions or diseases includ-
    34  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
    35  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
    36  building for blood drives, health screenings, health  information  meet-
    37  ings,  yoga  classes,  exercise  classes or other activities intended to
    38  promote the health of the congregants or other persons; and use  of  the
    39  building  by  non-congregant members of the community for private social
    40  functions. The building occupied as a place of worship does not cease to
    41  be "exclusively" occupied as a place of worship where the not-for-profit
    42  religious organization  occupying  the  place  of  worship  accepts  the
    43  payment  of  funds to defray costs related to another party's use of the
    44  building.
    45    § 3. This act shall take effect immediately.