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A03991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3991
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in relation  to  prohibiting  the
          advertisement of tobacco products and herbal cigarettes near 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  article
     2  13-I to read as follows:
     3                                 ARTICLE 13-I
     4                      ADVERTISING TOBACCO PRODUCTS AND
     5                  HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS
     6    Section 1399-aaa.  Definitions.
     7            1399-bbb.  Advertising prohibited near schools.
     8            1399-ccc.  Hearings; penalties.
     9    § 1399-aaa. Definitions. As used in this article:
    10    1.  "Person"  means a person, firm, company, corporation, partnership,
    11  sole proprietor, limited  partnership,  association,  limited  liability
    12  company or limited liability partnership.
    13    2.  "Tobacco  products"  means  one or more cigarettes, cigars, bidis,
    14  chewing tobacco, powdered tobacco, nicotine water or any  other  tobacco
    15  products.
    16    3.   "Herbal cigarette" means any product made primarily of an herb or
    17  combination of herbs, and intended to be smoked in any  of  the  methods
    18  that  tobacco  is  smoked, including but not limited to, as a cigarette,
    19  cigar or pipe filter.
    20    4. "School grounds" means (a) in, on or within  any  building,  struc-
    21  ture,  athletic  playing  field, playground or land contained within the
    22  real property boundary line of a public or private elementary,  parochi-
    23  al,  intermediate,  junior  high, vocational, or high school, or (b) any
    24  area accessible to the public located within one thousand  feet  of  the
    25  real  property  boundary  line  comprising any such school or any parked
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04943-01-9

        A. 3991                             2
 
     1  automobile or other parked vehicle located within one thousand  feet  of
     2  the  real  property  boundary  line  comprising any such school. For the
     3  purposes of this section an "area accessible to the public"  shall  mean
     4  sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
     5  rants.
     6    §  1399-bbb. Advertising prohibited near schools. No person engaged in
     7  the business of manufacturing, selling, advertising, marketing or other-
     8  wise distributing tobacco products or herbal cigarettes, or any agent or
     9  employee of such person, shall  advertise,  market  or  promote  tobacco
    10  products or herbal cigarettes or the purchase or use thereof upon school
    11  grounds.
    12    § 1399-ccc. Hearings; penalties. 1. Hearings with respect to violation
    13  of  this  article  shall  be  conducted  in  the same manner as hearings
    14  conducted under article thirteen-E of this chapter.
    15    2. If the enforcement  officer  determines  after  a  hearing  that  a
    16  violation  of  this article has occurred, he or she shall impose a civil
    17  penalty of a minimum of two hundred fifty dollars, but not to exceed one
    18  thousand dollars for a  first  violation,  a  minimum  of  five  hundred
    19  dollars,  but not to exceed two thousand dollars for a second violation,
    20  and a minimum of one thousand dollars for each subsequent violation.
    21    § 2. This act shall  take  effect  on  the  first  of  September  next
    22  succeeding the date on which it shall have become a law.
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