Assembly Bill A11337

2017-2018 Legislative Session

Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A11337 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-F §1399-ddd, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A2763

2017-A11337 (ACTIVE) - Summary

Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

2017-A11337 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11337
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to prohibiting public
   display of tobacco advertisements  and  smoking  paraphernalia  within
   five hundred feet of schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 13-F of the public health law is amended by  adding
 a new section 1399-ddd to read as follows:
   §  1399-DDD.  PUBLIC  DISPLAY  OF  TOBACCO  ADVERTISEMENTS AND SMOKING
 PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "TOBACCO  ADVERTISEMENT"  MEANS  WORDS,  PICTURES,   PHOTOGRAPHS,
 SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THER-
 EOF,  WHICH  BEAR  A  HEALTH  WARNING  REQUIRED  BY FEDERAL STATUTE, THE
 PURPOSE OR EFFECT OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO  PRODUCT,
 A  TRADEMARK OF A TOBACCO PRODUCT OR A TRADE NAME ASSOCIATED EXCLUSIVELY
 WITH A TOBACCO PRODUCT, OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
 UCT.
   (B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
 ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C) "TOBACCO  BUSINESS"  MEANS  A  SOLE  PROPRIETORSHIP,  CORPORATION,
 LIMITED  LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE IN WHICH THE
 PRIMARY ACTIVITY IS THE  SALE,  MANUFACTURE  OR  PROMOTION  OF  TOBACCO,
 TOBACCO  PRODUCTS AND ACCESSORIES, EITHER AT WHOLESALE OR RETAIL, AND IN
 WHICH THE SALE, MANUFACTURE OR PROMOTION OF  OTHER  PRODUCTS  IS  MERELY
 INCIDENTAL.
   2.  (A)  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON TO PLACE, CAUSE TO BE
 PLACED, TO MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING  PARAPHERNALIA
 OR TOBACCO ADVERTISEMENTS IN A STORE FRONT WINDOW OR ANY EXTERIOR WINDOW
 OR  ANY  DOOR  WHICH  IS  USED  FOR ENTRY OR EGRESS BY THE PUBLIC TO THE
 BUILDING OR STRUCTURE CONTAINING A  PLACE  OF  BUSINESS;  PROVIDED  SUCH
 BUSINESS IS LOCATED WITHIN FIVE HUNDRED FEET OF A PUBLIC SCHOOL OR CHAR-
 TER SCHOOL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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