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A02988 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
        Introduced  by  M.  of  A. ZEBROWSKI, PAULIN, STIRPE, GALEF, MAGNARELLI,
          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.

        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.
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