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.