S T A T E O F N E W Y O R K
________________________________________________________________________
1581
2009-2010 Regular Sessions
I N S E N A T E
February 3, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the placement of
tobacco vending machines near schools, churches, synagogues or other
places of worship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-dd of the public health law, as amended by
chapter 13 of the laws of 2003, is amended to read as follows:
S 1399-dd. Sale of tobacco products or herbal cigarettes in vending
machines. No person, firm, partnership, company or corporation shall
operate a vending machine which dispenses tobacco products or herbal
cigarettes unless such machine is located: (a) in a bar as defined in
subdivision one of section thirteen hundred ninety-nine-n of this chap-
ter, or the bar area of a food service establishment with a valid,
on-premises full liquor license; (b) in a private club; (c) in a tobacco
business as defined in subdivision eight of section thirteen hundred
ninety-nine-aa of this article; or (d) in a place of employment which
has an insignificant portion of its regular workforce comprised of
people under the age of eighteen years and only in such locations that
are not accessible to the general public; provided, however, that in
such locations the vending machine is located in plain view and under
the direct supervision and control of the person in charge of the
location or his or her designated agent or employee; PROVIDED, FURTHER,
HOWEVER, THAT NO SUCH VENDING MACHINE SHALL BE WITHIN THREE HUNDRED
FIFTY FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNA-
GOGUE OR OTHER PLACE OF WORSHIP.
S 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.
LBD07321-01-9