S T A T E O F N E W Y O R K
________________________________________________________________________
6842--A
2019-2020 Regular Sessions
I N A S S E M B L Y
March 21, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, D'URSO, REYES, COOK, EPSTEIN,
JAFFEE, PICHARDO, LIFTON, ARROYO, ABINANTI, STECK, SIMON, BLAKE,
WILLIAMS, GLICK, ORTIZ, GRIFFIN -- Multi-Sponsored by -- M. of A.
DINOWITZ, SAYEGH -- read once and referred 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 busi-
nesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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 BUSI-
NESSES; 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 BUSI-
NESSES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09776-12-9
A. 6842--A 2
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
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 PERFORM-
ANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS 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 INCLUD-
ING, 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 MEET-
INGS, 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.