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. LBD09776-12-9A. 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.