New York State Assembly Bill Summary   -  A07408
	New York Coalition of Social Smokers, Inc. www.socialsmokers.org
							A07408 Summary: SAME AS    No same as                                                                                                                                          SPONSOR    Kolb                                                                                                                                                COSPNSR    Townsend, Rabbitt, Wirth, Acampora, Hooker                                                                                                          MLTSPNSR   Burling, Calhoun, Errigo, Finch, Mirones, Mosiello, Nesbitt, Raia,             Sayward                                                                                                                                             Add S1399-q-l, amd S1399-q, Pub Health L                                        Allows bars, food service establishments and certain clubs to apply for a       license, through the department of health, which permits smoking in such bar or establishment; provides for an annual license fee of one hundred dollars.       -------------------------------------------------------------------------------- A07408 Actions: 04/15/2005 referred to health                                                   -------------------------------------------------------------------------------- A07408 Votes: -------------------------------------------------------------------------------- A07408 Memo: TITLE OF BILL:  An act to amend the public health law, in relation to           authorizing the commissioner of health to provide an optional license           allowing for smoking in certain places                                                                                                                         PURPOSE OR GENERAL IDEA OF BILL: The purpose of this law is to amend the        public health law by adding a new section 1399-q-l, which would license         smoking in certain places. The provisions of this new section would             enable any person, firm, limited liability company, corporation or other        entity that owns, manages, operates or otherwise controls a bar or food         service establishment covered by this article may apply for a license,          to be issued by the department, permitting smoking in such bar or food          service establishment.                                                                                                                                         The department would be authorized to issue a license, which allows             smoking in a bar or food service establishment, to an an applicant for          such license on the basis of the following procedures (a) who pays an           annual fee of one hundred collars; (b) who has a valid, on -premises            full liquor license; (c) who prominently post such license in plain view        along with a smoking sign in accordance with requirements under section         1399-p of this article; and (d) who qualifies under any rules and regu-         lations issued by the department pursuant to the provisions of this             article.                                                                                                                                                       This article shall not apply to: 1. Private homes, private residences           and private automobiles; a hotel or motel room rented to one or more            guests: retail tobacco businesses; a bar or food service establishment          holding a license under section 1399-q-l of this article.                                                                                                      2. Membership associations, provided that smoking shall only be allowed         in membership associations in which all of the duties with respect tot          he operation of such association, including but not limited to, the             preparation of food and beverages, the service of food and beverages,           reception and secretarial work, and the security services of the member-        ship association who do not receive compensation of any kind from the           membership association or any other entity for the performance of these         duties.                                                                                                                                                        3. Cigar bars that, in the calendar year ending December 31, 2002,              generated ten percent or more of its total annual gross income from the         on-site sale of tobacco products and the rental of on-site humidors, not        including any sales from vending machines, and is registered with the           appropriate enforcement officer, as defined in subdivision 1399-t of            this article.                                                                                                                                                  4. Outdoor dining areas of food service establishments with no roof or          ceiling enclosure, provided, however, that smoking may be permitted in a        contiguous area designated for smoking so long as such areas; (a)               constitutes no more than 25 percent of the outdoor seating capacity of          such establishment, (b) is at least three feet away from outdoor area of                                                                                       such food service establishment not designated for smoking, (c) is              clearly designated with written signage as a smoking area.                                                                                                     5. Enclosed rooms in food service establishments, bars, catering halls,         convention halls, hotel and motel conference rooms, and other such simi-        lar facilities where the public is invited to for the primary purpose of        promoting and sampling tobacco products.                                                                                                                       SUMMARY OF SPECIFIC PROVISIONS: Same as above.                                                                                                                 JUSTIFICATION: Food service and bar and tavern businesses have suffered         considerable financial hardships as a result of the enacted Smoking Ban         in New York State.                                                                                                                                             PRIOR LEGISLATIVE HISTORY: A9273 of 2003/04                                                                                                                    FISCAL IMPLICATIONS: To be determined.                                                                                                                         EFFECTIVE DATE: This act shall take effect on the one hundred eightieth         day after it shall become law.
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