Bill Text: NY A07212 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes or smoking paraphernalia within one thousand feet of school grounds; prohibits the issuance or renewal of licenses to sell such products to any person located within one thousand feet of school grounds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A07212 Detail]
Download: New_York-2019-A07212-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7212 2019-2020 Regular Sessions IN ASSEMBLY April 12, 2019 ___________ Introduced by M. of A. GALEF -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes or smoking paraphernalia near schools; and to amend the tax law, in relation to the issuance of licenses to sell tobacco products 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 article 2 13-I to read as follows: 3 ARTICLE 13-I 4 SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID 5 NICOTINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR 6 SMOKING PARAPHERNALIA PROHIBITED NEAR SCHOOLS 7 Section 1399-aaa. Definitions. 8 1399-bbb. Sale of tobacco products, herbal cigarettes, liquid 9 nicotine, shisha, rolling papers, electronic ciga- 10 rettes or smoking paraphernalia prohibited near 11 schools. 12 1399-ccc. Hearings; penalties. 13 § 1399-aaa. Definitions. As used in this article: 14 1. "Person" means a person, firm, company, corporation, partnership, 15 sole proprietor, limited partnership, association, limited liability 16 company or limited liability partnership. 17 2. "Tobacco products" means one or more cigarettes, cigars, bidis, 18 chewing tobacco, powdered tobacco, nicotine water or any other tobacco 19 products. 20 3. "Herbal cigarette" means any product made primarily of an herb or 21 combination of herbs, and intended to be smoked in any of the methods EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08257-01-9A. 7212 2 1 that tobacco is smoked, including but not limited to, as a cigarette, 2 cigar or pipe filter. 3 4. "School grounds" means (a) in, on or within any building, struc- 4 ture, athletic playing field, playground or land contained within the 5 real property boundary line of a public or private elementary, parochi- 6 al, intermediate, junior high, vocational, or high school, or (b) any 7 area accessible to the public located within five hundred feet of the 8 real property boundary line comprising any such school or any parked 9 automobile or other parked vehicle located within five hundred feet of 10 the real property boundary line comprising any such school. For the 11 purposes of this section an "area accessible to the public" shall mean 12 sidewalks, streets, parking lots, parks, playgrounds, stores and restau- 13 rants. 14 5. "Smoking paraphernalia" means any pipe, water pipe, hookah, rolling 15 papers, vaporizer or any other device, equipment or apparatus designed 16 for the inhalation of tobacco or nicotine. 17 6. "Shisha" means any product made primarily of tobacco or other leaf, 18 or any combination thereof, smoked or intended to be smoked in a hookah 19 or water pipe. 20 7. "Electronic cigarette" or "e-cigarette" means an electronic device 21 that delivers vapor which is inhaled by an individual user, and shall 22 include any refill, cartridge and any other component of such a device. 23 § 1399-bbb. Sale of tobacco products, herbal cigarettes, liquid nico- 24 tine, shisha, rolling papers, electronic cigarettes or smoking parapher- 25 nalia prohibited near schools. No person engaged in the business of 26 manufacturing, selling, advertising, marketing or otherwise distributing 27 tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling 28 papers, electronic cigarettes or smoking paraphernalia or any agent or 29 employee of such person, shall sell such products within one thousand 30 feet of school grounds. 31 § 1399-ccc. Hearings; penalties. 1. Hearings with respect to 32 violations of this article shall be conducted in the same manner as 33 hearings conducted under article thirteen-E of this chapter. 34 2. If the enforcement officer determines after a hearing that a 35 violation of this article has occurred, he or she shall impose a civil 36 penalty of a minimum of two hundred fifty dollars, but not to exceed one 37 thousand dollars for a first violation, a minimum of five hundred 38 dollars, but not to exceed two thousand dollars for a second violation, 39 and a minimum of one thousand dollars for each subsequent violation. 40 § 2. Subdivision 1 of section 480 of the tax law is amended by adding 41 a new paragraph (m) to read as follows: 42 (m) On and after the effective date of this paragraph, no new license 43 shall be issued or renewed to any person located within one thousand 44 feet of school grounds. 45 § 3. This act shall take effect on the first of September next 46 succeeding the date on which it shall have become a law.
