What's happening
This bill prohibits new retail electronic cigarette stores and tobacco businesses from opening near schools, places of worship, and other similar stores.
Why it matters
Reduces youth and community exposure. By banning new vape and tobacco stores near schools and places of worship, the bill aims to limit children and families' routine encounters with these products, potentially reducing the likelihood of youth initiation.
Targets density and clustering. The bill restricts the opening of new stores in areas already saturated with similar businesses, addressing concerns that high retailer density can normalize tobacco/vape use and increase access, especially in urban neighborhoods.
Protects existing businesses. Only new establishments are affected—current vape and tobacco retailers can continue operating, which avoids disrupting existing businesses but may create competitive advantages for those already present.
Clarifies definitions and enforcement. Precise definitions of what counts as a store, an “entrance,” and “place of worship,” as well as detailed measurement rules, could minimize legal ambiguity and help ensure the law is consistently enforced.
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Who cares
Headline styles
Limit Vape Store Locations
Plain English, a few words. Used as the page title.
Sponsors
History
- Reported and committed to rules
- Referred to health
- Print number 4249a
- Amend (t) and recommit to health
- Referred to health
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.
Limit Vape and Tobacco Stores
In Assembly Committee · Health · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4249--A
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sens. MARTINEZ, GOUNARDES, KRUEGER, PARKER, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to prohibited locations for retail electronic cigarette stores and tobacco businesses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1399-aa of the public health law is amended by adding a new subdivision 14 to read as follows:
14. "Retail electronic cigarette store" means a retail store devoted primarily to the sale of electronic cigarettes, and in which the sale of other products is incidental. The sale of such other products shall be considered incidental if such sales generate less than twenty-five percent of the total annual gross sales.
§ 2. The public health law is amended by adding a new section 1399-mm-1 to read as follows:
§ 1399-mm-1. Retail electronic cigarette stores and tobacco businesses; prohibited locations of new stores. 1. No new retail electronic cigarette store and/or tobacco business shall be constructed or located:
(a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship;
(b) in a city within five hundred feet of three or more existing retail electronic cigarette stores and/or tobacco businesses; or
(c) in a town or village within a two square mile area of three or more existing retail electronic cigarette stores and/or tobacco businesses.
2. The measurements in paragraphs (a), (b) and (c) of subdivision one of this section are to be taken in straight lines from the center of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09776-10-9
S. 4249--A 2
nearest entrance of the premises sought to be licensed to the center of the nearest entrance of such school, church, synagogue or other place of worship or to the center of the nearest entrance of each new retail electronic cigarette store and/or tobacco business.
3. Within the context of this section, the word "entrance" shall mean a door of a school, of a house of worship, or of a new retail electronic cigarette store and/or tobacco business, regularly used to give ingress to students of the school, to the general public attending the place of worship, and to patrons or guests of a new retail electronic cigarette store and/or tobacco business, except that where a school or house of worship or new retail electronic cigarette store and/or tobacco business is set back from a public thoroughfare, the walkway or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center of the walkway or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or patrons, is not deemed an "entrance".
4. Within the context of this section, a building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship by incidental uses that are not of a nature to detract from the predominant character of the building as a place of worship, such uses which include, but which are not limited to: the conduct of legally authorized games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at the place of worship or for other not-for-profit organizations or groups; use of the building for fundraising performances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other not-for-profit organizations or groups; the use of the building by other religious organizations or groups for religious services or other purposes; the conduct of social activities by or for the benefit of the congregants; the use of the building for meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions or diseases including, but not limited to, alcoholism, drug addiction, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of the building for blood drives, health screenings, health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons; and use of the building by non-congregant members of the community for private social functions. The building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another party's use of the building.
5. The provisions of this section shall not apply to any currently existing retail electronic cigarette stores and/or tobacco businesses.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to prohibited locations for retail electronic cigarette stores and tobacco businesses
Purpose
This legislation would create restrictions for the locations of tobacco stores and electronic cigarette stores to be at least 200 feet away from a school or place of worship, 500 feet away from another store if there are 3 in the immediate area within a city, and prohibit stores from locating within a 2 mile radius if there are already 3 such stores in an area.
Summary of provisions
Section 1. Defines retail electronic cigarette store, as previously defined in other sections of law
Section 2. Creates a new section prohibiting sit locations for new retail electronic cigarette stores and tobacco stores:
(a)Retail stores within 200 feet away from a school or place of worship
(b)A new store when 3 or more existing retail stores are within 500 feet of each other in a city
(c)A new store when 3 or more existing retail stores are in a 2 square mile radius outside of cities
Section 3. Effective Date
Justification
Electronic cigarettes are ideally used as an intermediary for quitting tobacco products. Some communities have seen a surge in the opening of these specialty stores catering to electronic cigarette sales and tobac- co sales.
These stores, filled with flavored nicotine and smoking paraphernalia, are targeting teens and young adults, who are a disproportionate number of electronic cigarette users. While cigarette use has been on the decline since 2000, electronic cigarettes use is exponentially on the rise. According to the Bureau of Tobacco Control, electronic cigarette use by youth have increase 160% between 2014 and 2018.
By creating the limitations on store placement similar to the existing laws for businesses with liquor licenses, this legislation would prevent retail electronic cigarette and tobacco stores to from oversaturating one community. Under this legislation, stores must be located over 200 feet away from a school or place of worship, in cities it would prevent three shops from being within 500 feet of each other, and would prevent stores from locating within a two square mile radius outside of cities, when there are already 3 stores within such radius.
Prior legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
Immediately;
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.