 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1514
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  M.  of  A. ZEBROWSKI, PAULIN, STIRPE, GALEF, MAGNARELLI,
          THIELE, SOLAGES, FAHY, GOTTFRIED, ABINANTI, COOK,  JAFFEE,  SEPULVEDA,
          DINOWITZ,  SIMON, RIVERA, JEAN-PIERRE, HOOPER -- Multi-Sponsored by --
          M. of A. GLICK, HIKIND, STECK -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the public health law, in relation to banning smoking in
          hotel and motel rooms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of
     2  the  public  health  law, as amended by chapter 389 of the laws of 2011,
     3  are amended to read as follows:
     4    c. food service establishments,  except  as  provided  in  subdivision
     5  [six] five of section thirteen hundred ninety-nine-q of this article;
     6    q. zoos; [and]
     7    r. bingo facilities; and
     8    s. hotels or motels including rooms rented to one or more guests.
     9    § 2. Section 1399-q of the public health law, as amended by chapter 13
    10  of the laws of 2003, is amended to read as follows:
    11    §  1399-q.  Smoking  restrictions inapplicable. This article shall not
    12  apply to:
    13    1. Private homes, private residences and private automobiles;
    14    2. [A hotel or motel room rented to one or more guests;
    15    3.] Retail tobacco businesses;
    16    [4.]3. Membership associations; provided, however, that smoking  shall
    17  only  be  allowed  in membership associations in which all of the duties
    18  with respect to the operation of such association,  including,  but  not
    19  limited  to,  the preparation of food and beverages, the service of food
    20  and beverages, reception and secretarial work, and the security services
    21  of the membership association are performed by members of  such  member-
    22  ship  association  who  do not receive compensation of any kind from the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04440-01-7

        A. 1514                             2
 
     1  membership association or any other entity for the performance  of  such
     2  duties;
     3    [5.]4.  Cigar  bars that, in the calendar year ending December thirty-
     4  first, two thousand two, generated ten percent  or  more  of  its  total
     5  annual  gross  income  from the on-site sale of tobacco products and the
     6  rental of  on-site  humidors,  not  including  any  sales  from  vending
     7  machines, and is registered with the appropriate enforcement officer, as
     8  defined  in subdivision one of section thirteen hundred ninety-nine-t of
     9  this article. Such registration shall remain in effect for one year  and
    10  shall  be  renewable  only  if:  (a) in the preceding calendar year, the
    11  cigar bar generated ten percent or more of its total annual gross income
    12  from the on-site sale of tobacco products  and  the  rental  of  on-site
    13  humidors, and (b) the cigar bar has not expanded its size or changed its
    14  location  from  its  size  or  location since December thirty-first, two
    15  thousand two;
    16    [6.]5. Outdoor dining areas of food  service  establishments  with  no
    17  roof  or other ceiling enclosure; provided, however, that smoking may be
    18  permitted in a contiguous area designated for smoking so  long  as  such
    19  area:  (a)  constitutes  no more than twenty-five percent of the outdoor
    20  seating capacity of such food service establishment,  (b)  is  at  least
    21  three feet away from the outdoor area of such food service establishment
    22  not  designated  for smoking, and (c) is clearly designated with written
    23  signage as a smoking area; and
    24    [7.]6. Enclosed rooms in food service establishments,  bars,  catering
    25  halls,  convention  halls,  hotel  and motel conference rooms, and other
    26  such similar facilities during the time such enclosed areas or rooms are
    27  being used exclusively for functions where the public is invited for the
    28  primary purpose of promoting and  sampling  tobacco  products,  and  the
    29  service  of  food and drink is incidental to such purpose, provided that
    30  the sponsor or organizer gives notice in  any  promotional  material  or
    31  advertisements  that  smoking  will  not  be restricted, and prominently
    32  posts notice at the entrance of the facility and has provided notice  of
    33  such  function  to  the  appropriate  enforcement officer, as defined in
    34  subdivision one of section thirteen hundred ninety-nine-t of this  arti-
    35  cle,  at least two weeks prior to such function. The enforcement officer
    36  shall keep a record of all tobacco  sampling  events,  and  such  record
    37  shall  be  made  available for public inspection. No such facility shall
    38  permit smoking under this subdivision for more  than  two  days  in  any
    39  calendar year.
    40    §  3.  This  act shall take effect on the thirtieth day after it shall
    41  have become a law.
Bans smoking in hotel and motel rooms

What's Happening

Why It Matters
