STATE OF NEW YORK
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50
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public buildings law, in relation to prohibiting the
sale of tobacco products at vending stands leasing space and in vend-
ing machines in a state building
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 13 of section 3 of
2 the public buildings law, paragraph (a) as added by chapter 83 of the
3 laws of 1995 and paragraph (b) as amended by chapter 265 of the laws of
4 2013, are amended to read as follows:
5 (a) In his or her discretion, lease space in any public building or
6 other premises under his or her supervision and control, pursuant to
7 this article, to any person, firm or corporation, for the operation of
8 restaurants, retail stores, vending stands for the sale of newspapers,
9 periodicals, confections[, tobacco products] and such other articles
10 that are not tobacco products, as may be approved by the commissioner
11 for each stand, and for bootblack service. Any such lease shall be
12 subject to such terms and conditions as he or she may deem proper, but
13 for a term not exceeding five years, except that the commissioner may,
14 in his or her discretion, lease space for a term of not more than ten
15 years where extensive renovation or repair to or improvement of the
16 space is required of or by the lessee and the commissioner determines
17 that it is reasonable for the costs thereof to be amortized over a term
18 greater than five years. Nothing herein shall restrict the commissioner
19 from providing in any such lease for its renewal or extension, at the
20 commissioner's option, for terms of five years or less. However, in
21 order to provide blind persons with remunerative employment, enlarge
22 their economic opportunities and facilitate their efforts to be self-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01190-01-3
S. 50 2
1 supporting, whenever feasible, permits shall be given to the state
2 department of social services for the operation of vending stands and
3 machines.
4 (b) Issue to the office of children and family services a permit for
5 any of the purposes mentioned in this subdivision to be operated by a
6 blind person or persons as defined in subdivision four of section two
7 hundred eight of the social services law or for the operation of vending
8 machines and similar devices dispensing food, confections, [tobacco
9 products,] coffee, tea, milk, soft drinks and such other articles, that
10 are not tobacco products, as may be approved by him or her in consulta-
11 tion with the office of children and family services, for the benefit of
12 the general purposes of the business enterprise program for the blind of
13 the office of children and family services commission for the blind, and
14 upon such terms and conditions as the commissioner may deem proper but
15 without provision for payment of rent or other consideration for such
16 permits, and for a term not exceeding five years, which permit may be
17 extended and renewed. Such permit shall include a provision authorizing
18 the office of children and family services to assign or transfer such
19 permit to a blind person or persons, as herein referred to, for the
20 purposes aforesaid, and it shall also provide that the office of chil-
21 dren and family services shall send to the commissioner a notice of any
22 assignment or transfer as aforesaid, which notice shall contain such
23 information as the commissioner shall require. The permit and any
24 assignment or transfer thereof shall reserve (i) to the office of chil-
25 dren and family services the power of supervision over the conduct and
26 operation of the premises covered thereby and (ii) to the commissioner
27 of general services the right to revoke such permit or the assignment or
28 transfer thereof upon the mailing to the last known address of the
29 assignee or assignees a notice of such revocation to be effected within
30 such period of time as the commissioner shall deem to be reasonable.
31 § 2. This act shall take effect immediately; provided, however, that
32 the provisions of this act shall not apply to any lease, renewal or
33 extension of leased space entered into, or permit for the operation of a
34 vending machine issued prior to such effective date.
