Bill Text: NY S06766 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-14 - REPORTED AND COMMITTED TO RULES [S06766 Detail]

Download: New_York-2019-S06766-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6766--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     October 7, 2019
                                       ___________

        Introduced  by  Sens.  BAILEY, PARKER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the public health law, in relation to prohibiting public
          display of tobacco and electronic cigarette advertisements and smoking
          paraphernalia within five hundred feet of schools

          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 section
     2  1399-dd-1 to read as follows:
     3    § 1399-dd-1.   Public display  of  tobacco  and  electronic  cigarette
     4  advertisements  and smoking paraphernalia prohibited. 1. For purposes of
     5  this section:
     6    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
     7  graphics or visual images of any kind, or any combination thereof, which
     8  bear a health warning required by federal statute, the purpose or effect
     9  of which is to identify a brand of a tobacco product or electronic ciga-
    10  rette,  a  trademark  of  a tobacco product or electronic cigarette or a
    11  trade name associated exclusively with a tobacco product  or  electronic
    12  cigarette,  or  to promote the use or sale of a tobacco product or elec-
    13  tronic cigarette.
    14    (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
    15  ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
    16  designed for the inhalation of tobacco or nicotine.
    17    2. (a) It shall be unlawful for any  person  to  place,  cause  to  be
    18  placed,  to maintain or to cause to be maintained, smoking paraphernalia
    19  or tobacco or electronic  cigarette  advertisements  in  a  store  front
    20  window  or  any  exterior  window or any door which is used for entry or
    21  egress by the public to the building or structure containing a place  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03767-07-9
        S. 6766--A                          2

     1  business;  provided such business is located within five hundred feet of
     2  a public or private school.
     3    (b)  Each violation of this subdivision shall be punishable by a civil
     4  penalty of not more than five hundred dollars.
     5    § 2. This act shall take effect on the ninetieth day  after  it  shall
     6  have become a law.