Bill Text: NY S02202 | 2015-2016 | General Assembly | Amended
Bill Title: Makes the restrictions relating to smoking in public areas applicable to electronic cigarettes.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-17 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S02202 Detail]
Download: New_York-2015-S02202-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2202--B Cal. No. 393 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ Introduced by Sens. HANNON, AVELLA, CARLUCCI, MARTINS, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to including elec- tronic cigarettes within provisions regulating smoking in certain public areas THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 8 of section 1399-n of the public health law, 2 as amended by chapter 13 of the laws of 2003, is amended and two new 3 subdivisions 9 and 10 are added to read as follows: 4 8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or 5 any other matter or substance which contains tobacco, AND THE USE OF AN 6 ELECTRONIC CIGARETTE. 7 9. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING 8 AS IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF 9 THIS CHAPTER. 10 10. "RETAIL ELECTRONIC CIGARETTE STORE" MEANS A RETAIL STORE DEVOTED 11 PRIMARILY TO THE SALE OF ELECTRONIC CIGARETTES, AND IN WHICH THE SALE OF 12 OTHER PRODUCTS IS MERELY INCIDENTAL. THE SALE OF SUCH OTHER PRODUCTS 13 SHALL BE CONSIDERED INCIDENTAL IF SUCH SALES GENERATE LESS THAN TWENTY- 14 FIVE PERCENT OF THE TOTAL ANNUAL GROSS SALES. 15 S 2. Subdivisions 6 and 7 of section 1399-q of the public health law, 16 as added by chapter 13 of the laws of 2003, are amended and a new subdi- 17 vision 8 is added to read as follows: 18 6. Outdoor dining areas of food service establishments with no roof or 19 other ceiling enclosure; provided, however, that smoking may be permit- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07109-05-5 S. 2202--B 2 1 ted in a contiguous area designated for smoking so long as such area: 2 (a) constitutes no more than twenty-five percent of the outdoor seating 3 capacity of such food service establishment, (b) is at least three feet 4 away from the outdoor area of such food service establishment not desig- 5 nated for smoking, and (c) is clearly designated with written signage as 6 a smoking area; [and] 7 7. Enclosed rooms in food service establishments, bars, catering 8 halls, convention halls, hotel and motel conference rooms, and other 9 such similar facilities during the time such enclosed areas or rooms are 10 being used exclusively for functions where the public is invited for the 11 primary purpose of promoting and sampling tobacco products OR ELECTRONIC 12 CIGARETTES, and the service of food and drink is incidental to such 13 purpose, provided that the sponsor or organizer gives notice in any 14 promotional material or advertisements that smoking will not be 15 restricted, and prominently posts notice at the entrance of the facility 16 and has provided notice of such function to the appropriate enforcement 17 officer, as defined in subdivision one of section thirteen hundred nine- 18 ty-nine-t of this article, at least two weeks prior to such function. 19 The enforcement officer shall keep a record of all tobacco sampling 20 events, and such record shall be made available for public inspection. 21 No such facility shall permit smoking under this subdivision for more 22 than two days in any calendar year[.]; AND 23 8. RETAIL ELECTRONIC CIGARETTE STORES, PROVIDED HOWEVER, THAT SUCH 24 STORES MAY ONLY PERMIT THE USE OF ELECTRONIC CIGARETTES. 25 S 3. This act shall take effect on the thirtieth day after it shall 26 have become a law; provided, however, that effective immediately, the 27 addition, amendment and/or repeal of any rule or regulation necessary 28 for the implementation of section three of this act on its effective 29 date is authorized and directed to be made and completed on or before 30 such effective date.