Senate Bill S4115B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4115

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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  excluding  patios
  and  other  outdoor  areas  on  the premises of any entity licensed to
  operate a video lottery gaming facility from restrictions of the Clean
  Indoor Air act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1399-q  of  the public health law, as amended by
chapter 13 of the laws of 2003, is amended to read as follows:
  S 1399-q. Smoking restrictions inapplicable. This  article  shall  not
apply to:
  1. Private homes, private residences and private automobiles;
  2. A hotel or motel room rented to one or more guests;
  3. Retail tobacco businesses;
  4. Membership associations; provided, however, that smoking shall only
be  allowed  in  membership associations in which all of the duties with
respect to the operation of such association, including, but not limited
to, the preparation of food and  beverages,  the  service  of  food  and
beverages,  reception and secretarial work, and the security services of
the membership association are performed by members of  such  membership
association who do not receive compensation of any kind from the member-
ship association or any other entity for the performance of such duties;
  5. Cigar bars that, in the calendar year ending December thirty-first,
two  thousand  two,  generated  ten  percent or more of its total annual
gross income from the on-site sale of tobacco products and the rental of
on-site humidors, not including any sales from vending machines, and  is
registered  with  the  appropriate  enforcement  officer,  as defined in
subdivision one of section thirteen hundred ninety-nine-t of this  arti-
cle.  Such registration shall remain in effect for one year and shall be
renewable only if: (a) in the preceding calendar  year,  the  cigar  bar

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09534-01-5
              

S. 4115                             2

generated  ten percent or more of its total annual gross income from the
on-site sale of tobacco products and the rental of on-site humidors, and
(b) the cigar bar has not expanded its size or changed its location from
its size or location since December thirty-first, two thousand two;
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
away from the outdoor area of such food service establishment not desig-
nated for smoking, and (c) is clearly designated with written signage as
a smoking area; [and]
  7.  Enclosed  rooms  in  food  service  establishments, bars, catering
halls, convention halls, hotel and motel  conference  rooms,  and  other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the
primary  purpose  of  promoting  and  sampling tobacco products, and the
service of food and drink is incidental to such purpose,  provided  that
the  sponsor  or  organizer  gives notice in any promotional material or
advertisements that smoking will  not  be  restricted,  and  prominently
posts  notice at the entrance of the facility and has provided notice of
such function to the appropriate  enforcement  officer,  as  defined  in
subdivision  one of section thirteen hundred ninety-nine-t of this arti-
cle, at least two weeks prior to such function. The enforcement  officer
shall  keep  a  record  of  all tobacco sampling events, and such record
shall be made available for public inspection. No  such  facility  shall
permit  smoking  under  this  subdivision  for more than two days in any
calendar year[.]; AND
  8. PATIOS AND OTHER OUTDOOR  AREAS  ON  THE  PREMISES  OF  ANY  ENTITY
LICENSED  TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO SECTION
ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW WHICH ARE COVERED BY
A ROOF OR OTHER CEILING ENCLOSURE; PROVIDED THAT SUCH COVERED  PATIO  OR
OTHER  OUTDOOR  AREA  MUST  BE CLEARLY DESIGNATED AS A SMOKING AREA, AND
MUST EITHER (A) BE COMPLETELY OPEN ON AT LEAST ONE SIDE, WITH NO WALL ON
ONE SIDE, OR (B) BE OPEN ON TWO OR MORE SIDES, WITH PARTIAL WALLS ON THE
TWO OR MORE OPEN SIDES TO THE HEIGHT OF NOT MORE THAN FIFTY  PERCENT  OF
THE  DISTANCE  BETWEEN  THE  FLOOR  AND CEILING. AIR PERMEABLE MATERIALS
WHICH FUNCTION AS A WEATHER BARRIER AND WHICH DO  NOT  PROVIDE  A  RIGID
PARTITION  SHALL  BE  DISREGARDED  FOR PURPOSES OF DETERMINING WHETHER A
COVERED PATIO OR OTHER OUTDOOR AREA IS OPEN ON ONE, TWO OR MORE SIDES.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4115--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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 excluding patios
  and other outdoor areas on the premises  of  any  entity  licensed  to
  operate a video lottery gaming facility from restrictions of the Clean
  Indoor Air act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-q of the public  health  law,  as  amended  by
chapter 13 of the laws of 2003, is amended to read as follows:
  S  1399-q.  Smoking  restrictions inapplicable. This article shall not
apply to:
  1. Private homes, private residences and private automobiles;
  2. A hotel or motel room rented to one or more guests;
  3. Retail tobacco businesses;
  4. Membership associations; provided, however, that smoking shall only
be allowed in membership associations in which all of  the  duties  with
respect to the operation of such association, including, but not limited
to,  the  preparation  of  food  and  beverages, the service of food and
beverages, reception and secretarial work, and the security services  of
the  membership  association are performed by members of such membership
association who do not receive compensation of any kind from the member-
ship association or any other entity for the performance of such duties;
  5. Cigar bars that, in the calendar year ending December thirty-first,
two thousand two, generated ten percent or  more  of  its  total  annual
gross income from the on-site sale of tobacco products and the rental of
on-site  humidors, not including any sales from vending machines, and is
registered with the  appropriate  enforcement  officer,  as  defined  in
subdivision  one of section thirteen hundred ninety-nine-t of this arti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09534-03-5
              

S. 4115--A                          2

cle. Such registration shall remain in effect for one year and shall  be
renewable  only  if:  (a)  in the preceding calendar year, the cigar bar
generated ten percent or more of its total annual gross income from  the
on-site sale of tobacco products and the rental of on-site humidors, and
(b) the cigar bar has not expanded its size or changed its location from
its size or location since December thirty-first, two thousand two;
  6. Outdoor dining areas of food service establishments with no roof or
other  ceiling enclosure; provided, however, that smoking may be permit-
ted in a contiguous area designated for smoking so long  as  such  area:
(a)  constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three  feet
away from the outdoor area of such food service establishment not desig-
nated for smoking, and (c) is clearly designated with written signage as
a smoking area; [and]
  7.  Enclosed  rooms  in  food  service  establishments, bars, catering
halls, convention halls, hotel and motel  conference  rooms,  and  other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the
primary  purpose  of  promoting  and  sampling tobacco products, and the
service of food and drink is incidental to such purpose,  provided  that
the  sponsor  or  organizer  gives notice in any promotional material or
advertisements that smoking will  not  be  restricted,  and  prominently
posts  notice at the entrance of the facility and has provided notice of
such function to the appropriate  enforcement  officer,  as  defined  in
subdivision  one of section thirteen hundred ninety-nine-t of this arti-
cle, at least two weeks prior to such function. The enforcement  officer
shall  keep  a  record  of  all tobacco sampling events, and such record
shall be made available for public inspection. No  such  facility  shall
permit  smoking  under  this  subdivision  for more than two days in any
calendar year[.]; AND
  8. PATIOS AND OTHER OUTDOOR  AREAS  ON  THE  PREMISES  OF  ANY  ENTITY
LICENSED  TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO SECTION
ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW WHICH ARE COVERED BY
A ROOF OR OTHER CEILING ENCLOSURE; PROVIDED THAT SUCH COVERED  PATIO  OR
OTHER  OUTDOOR  AREA  MUST  BE CLEARLY DESIGNATED AS A SMOKING AREA, AND
MUST EITHER (A) BE COMPLETELY OPEN ON AT LEAST ONE SIDE, WITH NO WALL ON
ONE SIDE, OR (B) BE OPEN ON TWO OR MORE SIDES, WITH PARTIAL WALLS ON THE
TWO OR MORE OPEN SIDES TO THE HEIGHT OF NOT MORE THAN FIFTY  PERCENT  OF
THE  DISTANCE  BETWEEN  THE  FLOOR  AND CEILING. AIR PERMEABLE MATERIALS
WHICH FUNCTION AS A WEATHER BARRIER AND WHICH DO  NOT  PROVIDE  A  RIGID
PARTITION  SHALL  BE  DISREGARDED  FOR PURPOSES OF DETERMINING WHETHER A
COVERED PATIO OR OTHER OUTDOOR AREA IS OPEN ON ONE, TWO OR  MORE  SIDES.
JURISDICTION  IN  ALL MATTERS PERTAINING TO A SMOKING AREA ON PATIOS AND
OTHER OUTDOOR AREAS ON THE PREMISES OF ANY ENTITY LICENSED TO OPERATE  A
VIDEO  LOTTERY  GAMING  FACILITY  PURSUANT  TO  SECTION ONE THOUSAND SIX
HUNDRED SEVENTEEN-A OF THE TAX LAW IN THIS STATE IS  VESTED  EXCLUSIVELY
IN  THE  STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE
OR REGULATION PROMULGATED THERETO, GOVERNING OR  PROHIBITING  A  SMOKING
AREA  ON  PATIOS  AND  OTHER OUTDOOR AREAS ON THE PREMISES OF ANY ENTITY
LICENSED TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO  SECTION
ONE  THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW IN THE STATE SHALL,
UPON THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND
FIFTEEN WHICH ADDED THIS SUBDIVISION, BE PREEMPTED.
  S 2. This act shall take effect immediately.