What's happening
This bill prohibits the sale of tobacco, vaping, and smoking products within 1,000 feet of school grounds in New York.
Why it matters
Expands the definition of "school grounds". to include not just the physical school property, but also any public area (like sidewalks, streets, parking lots, stores, and restaurants) and vehicles within 500 feet of the school's boundary—broadening the zones where tobacco and related products cannot be sold.
Targets a wide range of smoking and vaping products. , including not only traditional tobacco but also herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes, and all related paraphernalia—making the restriction much more comprehensive.
Enforces significant penalties for violations. , with fines starting at $250 and escalating up to $2,000 for repeat offenses, creating a strong deterrent for retailers considering selling these products near schools.
Prevents new or renewed licenses for tobacco sales within 1,000 feet of schools. , using licensing as an enforcement tool to ensure long-term compliance and gradually eliminate existing points of sale near educational institutions.
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Who cares
Headline styles
Ban Tobacco Sales Near Schools
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7212
2019-2020 Regular Sessions
IN ASSEMBLY
April 12, 2019
Introduced by M. of A. GALEF -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes or smoking paraphernalia near schools; and to amend the tax law, in relation to the issuance of licenses to sell tobacco products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new article 13-I to read as follows:
ARTICLE 13-I
SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID
NICOTINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR
SMOKING PARAPHERNALIA PROHIBITED NEAR SCHOOLS Section 1399-aaa. Definitions.
1399-bbb. Sale of tobacco products, herbal cigarettes, liquid
nicotine, shisha, rolling papers, electronic ciga-
rettes or smoking paraphernalia prohibited near
schools.
1399-ccc. Hearings; penalties.
§ 1399-aaa. Definitions. As used in this article:
1. "Person" means a person, firm, company, corporation, partnership, sole proprietor, limited partnership, association, limited liability company or limited liability partnership.
2. "Tobacco products" means one or more cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products.
3. "Herbal cigarette" means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08257-01-9
A. 7212 2
that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filter.
4. "School grounds" means (a) in, on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within five hundred feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within five hundred feet of the real property boundary line comprising any such school. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
5. "Smoking paraphernalia" means any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco or nicotine.
6. "Shisha" means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe.
7. "Electronic cigarette" or "e-cigarette" means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
§ 1399-bbb. Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes or smoking paraphernalia prohibited near schools. No person engaged in the business of manufacturing, selling, advertising, marketing or otherwise distributing tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, electronic cigarettes or smoking paraphernalia or any agent or employee of such person, shall sell such products within one thousand feet of school grounds.
§ 1399-ccc. Hearings; penalties. 1. Hearings with respect to violations of this article shall be conducted in the same manner as hearings conducted under article thirteen-E of this chapter.
2. If the enforcement officer determines after a hearing that a violation of this article has occurred, he or she shall impose a civil penalty of a minimum of two hundred fifty dollars, but not to exceed one thousand dollars for a first violation, a minimum of five hundred dollars, but not to exceed two thousand dollars for a second violation, and a minimum of one thousand dollars for each subsequent violation.
§ 2. Subdivision 1 of section 480 of the tax law is amended by adding a new paragraph (m) to read as follows:
(m) On and after the effective date of this paragraph, no new license shall be issued or renewed to any person located within one thousand feet of school grounds.
§ 3. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.