Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold

BILL NUMBER:S4859

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) 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, b) an established retail tobacco business established prior to 1947, 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, and membership in such a club requires at least the payment of $1,000 annually in membership fees or dues.

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

2009-10: S.6179 Advanced to Third Reading, A.8982 Referred to Economic Development

Fiscal implications

None.

Effective date

This act shall take effect ninety days after it shall have become law. The State Liquor Authority shall be authorized to promulgate rules

and regulations prior to such effective date to implement the provisions of this act.