STATE OF NEW YORK
________________________________________________________________________
2988
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. ZEBROWSKI, PAULIN, STIRPE, GALEF, MAGNARELLI,
THIELE, SOLAGES, FAHY, GOTTFRIED, ABINANTI, COOK, JAFFEE, DINOWITZ,
SIMON, RIVERA, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. GLICK,
STECK -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to banning smoking in
hotel and motel rooms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of
2 the public health law, as amended by chapter 335 of the laws of 2017,
3 are amended to read as follows:
4 c. food service establishments, except as provided in subdivision
5 [six] five of section thirteen hundred ninety-nine-q of this article;
6 q. zoos; [and]
7 r. bingo facilities; and
8 s. hotels or motels including rooms rented to one or more guests.
9 § 2. Section 1399-q of the public health law, as amended by chapter
10 335 of the laws of 2017, is amended to read as follows:
11 § 1399-q. Smoking and vaping restrictions inapplicable. This article
12 shall not apply to:
13 1. Private homes, private residences and private automobiles;
14 2. [A hotel or motel room rented to one or more guests;
15 3.] Retail tobacco businesses;
16 [4.] 3. Membership associations; provided, however, that smoking and
17 vaping shall only be allowed in membership associations in which all of
18 the duties with respect to the operation of such association, including,
19 but not limited to, the preparation of food and beverages, the service
20 of food and beverages, reception and secretarial work, and the security
21 services of the membership association are performed by members of such
22 membership association who do not receive compensation of any kind from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06165-01-9
A. 2988 2
1 the membership association or any other entity for the performance of
2 such duties;
3 [5.] 4. Cigar bars that, in the calendar year ending December thirty-
4 first two thousand two, generated ten percent or more of its total annu-
5 al gross income from the on-site sale of tobacco products and the rental
6 of on-site humidors, not including any sales from vending machines, and
7 is registered with the appropriate enforcement officer, as defined in
8 subdivision one of section thirteen hundred ninety-nine-t of this arti-
9 cle. Such registration shall remain in effect for one year and shall be
10 renewable only if: (a) in the preceding calendar year, the cigar bar
11 generated ten percent or more of its total annual gross income from the
12 on-site sale of tobacco products and the rental of on-site humidors, and
13 (b) the cigar bar has not expanded its size or changed its location from
14 its size or location since December thirty-first, two thousand two;
15 [6.] 5. Outdoor dining areas of food service establishments with no
16 roof or other ceiling enclosure; provided, however, that smoking and
17 vaping may be permitted in a contiguous area designated for smoking and
18 vaping so long as such area: (a) constitutes no more than twenty-five
19 percent of the outdoor seating capacity of such food service establish-
20 ment, (b) is at least three feet away from the outdoor area of such food
21 service establishment not designated for smoking and vaping, and (c) is
22 clearly designated with written signage as a smoking and vaping area;
23 [7.] 6. Enclosed rooms in food service establishments, bars, catering
24 halls, convention halls, hotel and motel conference rooms, and other
25 such similar facilities during the time such enclosed areas or rooms are
26 being used exclusively for functions where the public is invited for the
27 primary purpose of promoting and sampling tobacco products or electronic
28 cigarettes, and the service of food and drink is incidental to such
29 purpose, provided that the sponsor or organizer gives notice in any
30 promotional material or advertisements that smoking and vaping will not
31 be restricted, and prominently posts notice at the entrance of the
32 facility and has provided notice of such function to the appropriate
33 enforcement officer, as defined in subdivision one of section thirteen
34 hundred ninety-nine-t of this article, at least two weeks prior to such
35 function. The enforcement officer shall keep a record of all tobacco
36 sampling events, and such record shall be made available for public
37 inspection. No such facility shall permit smoking and vaping under this
38 subdivision for more than two days in any calendar year; and
39 [8.] 7. Retail electronic cigarette stores, provided however, that
40 such stores may only permit the use of electronic cigarettes.
41 § 3. This act shall take effect on the thirtieth day after it shall
42 have become a law.
