What's happening
This bill repeals the law allowing smoking on restaurant and bar patios, making these outdoor areas completely smoke-free.
Why it matters
Expands protections against secondhand smoke. By eliminating smoking on restaurant and bar patios, the bill reduces exposure to secondhand smoke for patrons and employees, which is linked to health risks like asthma, heart disease, and cancer.
Potentially impacts business operations and customer habits. Restaurants and bars may need to enforce new no-smoking policies on their outdoor spaces, which could change the experience for customers who smoke and might influence where people choose to dine or socialize.
Signals a shift in public health priorities. This repeal aligns with broader trends toward stricter smoke-free laws, reflecting an ongoing commitment by lawmakers to prioritize public health over certain personal liberties in shared spaces.
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Who cares
Headline styles
Ban Smoking on Outdoor Patios
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Ban Smoking on Patios
In Assembly Committee · Health · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
183
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. S. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to repeal paragraph (g) of subdivision 1 of section 1399-q of the public health law relating to making restaurant and bar patios one hundred percent smoke free
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 1 of section 1399-q of the public health law is REPEALED.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD00433-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to repeal paragraph (g) of subdivision 1 of section 1399-q of the public health law relating to making restaurant and bar patios one hundred percent smoke free
Purpose or general idea of bill
To close a loophole in the 2003 Clean Indoor Air Act to make patios 100% smoke free.
Summary of specific provisions
Section 1 repeals paragraph (g) of subdivision 1 of section 1399-q of the public health law.
Section 2 is the effective date.
Justification
When the Clean Indoor Air Act was written, the language allowed for a quarter of certain restaurant patios to be designated as smoking areas. Today, this exception remains on the books, though most patios in New York State are 100% smoke free. Secondhand smoke contains harmful carci- nogens, and these can spread whether smoking is allowed on all or part of a patio. The 7000 chemicals in secondhand smoke, at least 70 of which are known to cause cancer, account for roughly 7,300 lung cancer deaths and 34,000 heart disease deaths in the USA each year.
This bill protects both restaurant employees and their guests, while providing clearer industry standards. Smoking on patios has a dispropor- tionally high impact on women, who are more likely than their male coun- terparts to work as servers or waiters, despite men making up a larger percentage of the overall restaurant workforce. This will also protect pregnant servers and guests, as well as other patrons, including chil- dren and families, from secondhand smoke exposure.
Legislative history
2023-2024: S2771/A6298
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.