S T A T E O F N E W Y O R K
________________________________________________________________________
7212
2019-2020 Regular Sessions
I N A S S E M B L Y
April 12, 2019
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of tobacco products, herbal cigarettes, liquid nicotine, shisha,
rolling papers, electronic cigarettes or smoking paraphernalia near
schools; and to amend the tax law, in relation to the issuance of
licenses to sell tobacco products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
13-I to read as follows:
ARTICLE 13-I
SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID
NICOTINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR
SMOKING PARAPHERNALIA PROHIBITED NEAR SCHOOLS
SECTION 1399-AAA. DEFINITIONS.
1399-BBB. SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID
NICOTINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGA-
RETTES OR SMOKING PARAPHERNALIA PROHIBITED NEAR
SCHOOLS.
1399-CCC. HEARINGS; PENALTIES.
§ 1399-AAA. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "PERSON" MEANS A PERSON, FIRM, COMPANY, CORPORATION, PARTNERSHIP,
SOLE PROPRIETOR, LIMITED PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY OR LIMITED LIABILITY PARTNERSHIP.
2. "TOBACCO PRODUCTS" MEANS ONE OR MORE CIGARETTES, CIGARS, BIDIS,
CHEWING TOBACCO, POWDERED TOBACCO, NICOTINE WATER OR ANY OTHER TOBACCO
PRODUCTS.
3. "HERBAL CIGARETTE" MEANS ANY PRODUCT MADE PRIMARILY OF AN HERB OR
COMBINATION OF HERBS, AND INTENDED TO BE SMOKED IN ANY OF THE METHODS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08257-01-9
A. 7212 2
THAT TOBACCO IS SMOKED, INCLUDING BUT NOT LIMITED TO, AS A CIGARETTE,
CIGAR OR PIPE FILTER.
4. "SCHOOL GROUNDS" MEANS (A) IN, ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN FIVE HUNDRED FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED
AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN FIVE HUNDRED FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE
PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
5. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLLING
PAPERS, VAPORIZER OR ANY OTHER DEVICE, EQUIPMENT OR APPARATUS DESIGNED
FOR THE INHALATION OF TOBACCO OR NICOTINE.
6. "SHISHA" MEANS ANY PRODUCT MADE PRIMARILY OF TOBACCO OR OTHER LEAF,
OR ANY COMBINATION THEREOF, SMOKED OR INTENDED TO BE SMOKED IN A HOOKAH
OR WATER PIPE.
7. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS AN ELECTRONIC DEVICE
THAT DELIVERS VAPOR WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL
INCLUDE ANY REFILL, CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE.
§ 1399-BBB. SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICO-
TINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR SMOKING PARAPHER-
NALIA PROHIBITED NEAR SCHOOLS. NO PERSON ENGAGED IN THE BUSINESS OF
MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHERWISE DISTRIBUTING
TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, SHISHA, ROLLING
PAPERS, ELECTRONIC CIGARETTES OR SMOKING PARAPHERNALIA OR ANY AGENT OR
EMPLOYEE OF SUCH PERSON, SHALL SELL SUCH PRODUCTS WITHIN ONE THOUSAND
FEET OF SCHOOL GROUNDS.
§ 1399-CCC. HEARINGS; PENALTIES. 1. HEARINGS WITH RESPECT TO
VIOLATIONS OF THIS ARTICLE SHALL BE CONDUCTED IN THE SAME MANNER AS
HEARINGS CONDUCTED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
2. IF THE ENFORCEMENT OFFICER DETERMINES AFTER A HEARING THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, HE OR SHE SHALL IMPOSE A CIVIL
PENALTY OF A MINIMUM OF TWO HUNDRED FIFTY DOLLARS, BUT NOT TO EXCEED ONE
THOUSAND DOLLARS FOR A FIRST VIOLATION, A MINIMUM OF FIVE HUNDRED
DOLLARS, BUT NOT TO EXCEED TWO THOUSAND DOLLARS FOR A SECOND VIOLATION,
AND A MINIMUM OF ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
§ 2. Subdivision 1 of section 480 of the tax law is amended by adding
a new paragraph (m) to read as follows:
(M) ON AND AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, NO NEW LICENSE
SHALL BE ISSUED OR RENEWED TO ANY PERSON LOCATED WITHIN ONE THOUSAND
FEET OF SCHOOL GROUNDS.
§ 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.