| New York State Assembly Bill Text - A07408 |
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| New York Coalition of Social Smokers, Inc. www.socialsmokers.org |
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| S T A T E O F N E W Y O R K ________________________________________________________________________ 7408 2005-2006 Regular Sessions I N A S S E M B L Y April 15, 2005 ___________ |
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| Introduced by M. of A. KOLB, TOWNSEND, RABBITT, WIRTH, ACAMPORA, HOOKER Multi-Sponsored by -- M. of A. BURLING, CALHOUN, FINCH, MIRONES, MOSIELLO, NESBITT, RAIA, SAYWARD -- read once and referred to the Committee on Health 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 1399-q-1 to read as follows: 3 S 1399-Q-1. LICENSE FOR SMOKING IN CERTAIN PLACES. 1. ANY PERSON, 4 FIRM, LIMITED LIABILITY COMPANY, CORPORATION OR OTHER ENTITY THAT OWNS, 5 MANAGES, OPERATES OR OTHERWISE CONTROLS A BAR OR FOOD SERVICE ESTABLISH- 6 MENT COVERED BY THIS ARTICLE AND ANY CLUB AS DEFINED IN SUBDIVISION NINE 7 OF SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW MAY APPLY FOR A 8 LICENSE, TO BE ISSUED BY THE DEPARTMENT, PERMITTING SMOKING IN SUCH BAR, 9 FOOD SERVICE ESTABLISHMENT OR CLUB. 10 2. THE DEPARTMENT IS HEREBY AUTHORIZED TO ISSUE A LICENSE WHICH ALLOWS 11 SMOKING IN A BAR, FOOD SERVICE ESTABLISHMENT OR CLUB TO AN APPLICANT FOR 12 SUCH LICENSE ON THE BASIS OF THE FOLLOWING PROCEDURES: 13 (A) WHO PAYS AN ANNUAL FEE OF TWO HUNDRED FIFTY DOLLARS; 14 (B) WHO HAS A VALID, ON-PREMISES FULL LIQUOR LICENSE; 15 (C) WHO PROMINENTLY POSTS SUCH LICENSE IN PLAIN VIEW ALONG WITH A 16 "SMOKING" SIGN IN ACCORDANCE WITH THE REQUIREMENTS UNDER SECTION THIR- 17 TEEN HUNDRED NINETY-NINE-P OF THIS ARTICLE; AND 18 (D) WHO QUALIFIES UNDER ANY RULES AND REGULATIONS ISSUED BY THE 19 DEPARTMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE. 20 S 2. Section 1399-q of the public health law, as amended by chapter 13 21 of the laws of 2003, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD10561-02-5 A. 7408 2 1 S 1399-q. Smoking restrictions inapplicable. This article shall not 2 apply to: 3 1. Private homes, private residences and private automobiles; 4 2. A hotel or motel room rented to one or more guests; 5 3. Retail tobacco businesses; 6 4. A BAR, FOOD SERVICE ESTABLISHMENT OR CLUB HOLDING A LICENSE UNDER 7 SECTION THIRTEEN HUNDRED NINETY-NINE-Q-ONE OF THIS ARTICLE; 8 5. Membership associations; provided, however, that smoking shall only 9 be allowed in membership associations in which all of the duties with 10 respect to the operation of such association, including, but not limited 11 to, the preparation of food and beverages, the service of food and 12 beverages, reception and secretarial work, and the security services of 13 the membership association are performed by members of such membership 14 association who do not receive compensation of any kind from the member- 15 ship association or any other entity for the performance of such duties; 16 {5.} 6. Cigar bars that, in the calendar year ending December thirty- 17 first, two thousand two, generated ten percent or more of its total 18 annual gross income from the on-site sale of tobacco products and the 19 rental of on-site humidors, not including any sales from vending 20 machines, and is registered with the appropriate enforcement officer, as 21 defined in subdivision one of section thirteen hundred ninety-nine-t of 22 this article. Such registration shall remain in effect for one year and 23 shall be renewable only if: (a) in the preceding calendar year, the 24 cigar bar generated ten percent or more of its total annual gross income 25 from the on-site sale of tobacco products and the rental of on-site 26 humidors, and (b) the cigar bar has not expanded its size or changed its 27 location from its size or location since December thirty-first, two 28 thousand two; 29 {6.} 7. Outdoor dining areas of food service establishments with no 30 roof or other ceiling enclosure; provided, however, that smoking may be 31 permitted in a contiguous area designated for smoking so long as such 32 area: (a) constitutes no more than twenty-five percent of the outdoor 33 seating capacity of such food service establishment, (b) is at least 34 three feet away from the outdoor area of such food service establishment 35 not designated for smoking, and (c) is clearly designated with written 36 signage as a smoking area; and 37 {7.} 8. Enclosed rooms in food service establishments, bars, catering 38 halls, convention halls, hotel and motel conference rooms, and other 39 such similar facilities during the time such enclosed areas or rooms are 40 being used exclusively for functions where the public is invited for the 41 primary purpose of promoting and sampling tobacco products, and the 42 service of food and drink is incidental to such purpose, provided that 43 the sponsor or organizer gives notice in any promotional material or 44 advertisements that smoking will not be restricted, and prominently 45 posts notice at the entrance of the facility and has provided notice of 46 such function to the appropriate enforcement officer, as defined in 47 subdivision one of section thirteen hundred ninety-nine-t of this arti- 48 cle, at least two weeks prior to such function. The enforcement officer 49 shall keep a record of all tobacco sampling events, and such record 50 shall be made available for public inspection. No such facility shall 51 permit smoking under this subdivision for more than two days in any 52 calendar year. 53 S 3. This act shall take effect on the one hundred eightieth day after 54 it shall have become a law. .SO DOC A 7408 *END* BTXT 2005 |
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