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History
- Advanced to third reading
- 2nd report cal.
- 1st report cal.98
- Referred to commerce, economic development and small business
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold
In Assembly Committee · Economic Development · Sponsor Jonathan Bing
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to permitting a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold
Purpose
The purpose of this bill is to allow only well established retail tobacco businesses that are exempt from the prohibition of smoking in indoor areas open to the public, to hold, on a limited basis, a license to sell alcoholic beverages for on-premises consumption.
Summary of provisions
Section 1: Amends Alcoholic Beverage Control Law section 64 to permit retail tobacco businesses, as defined under Public Health Law section 1399-n, to hold a license to sell alcoholic beverages for on-premises consumption. At such exempted premises, patrons may smoke tobacco products. To limit the number of establishments that may hold such a license to simultaneously sell tobacco products at retail and to serve food and alcoholic beverages for on-premises consumption, the license may only be issued to: a) an established retail tobacco business established prior to 1947, b) the sale of alcoholic beverages is limited to no more than 10% of the amount of tobacco products sold so that the primary activity of such retailer remains the sale of tobacco products, and c) such area where alcoholic beverages are sold is open only for members of a club sponsored by such tobacco retail establishment or to guests of such club members.
Justification
Under existing law, certain businesses are exempt from the prohibition of smoking in indoor areas open to the public. Those areas include retail tobacco sales businesses, those areas of a hotel or convention center that are temporarily devoted to tobacco sales conventions or meetings, certain cigar bars, and membership organizations that allow smoking at their facilities. All of these areas where smoking is permitted are areas where all patrons are either smokers or consent to enter a room where smoking is permitted. This amendment merely expands the definition of areas where smoking is permitted to include other areas where all of the participants are exclusively in the process purchasing tobacco products or consuming them after their purchase.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
90 Days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.