S T A T E O F N E W Y O R K
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7275
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
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Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
advertisements for electronic cigarettes, liquid nicotine and hookah
tobacco within five hundred feet of a school or park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-aaa to read as follows:
§ 396-AAA. PROHIBITION OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR
HOOKAH TOBACCO ADVERTISEMENTS NEAR SCHOOLS AND PARKS. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
A. "ELECTRONIC CIGARETTE" SHALL MEAN AN ELECTRONIC DEVICE THAT DELIV-
ERS VAPOR WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL INCLUDE ANY
REFILL CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE;
B. "LIQUID NICOTINE" SHALL MEAN A LIQUID COMPOSED OF NICOTINE AND
OTHER CHEMICALS AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN
ELECTRONIC CIGARETTE; AND
C. "HOOKAH TOBACCO" SHALL MEAN 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, INCLUDING SHISHA.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, CORPORATION,
PARTNERSHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP, ASSOCIATION OR ANY
OTHER BUSINESS ENTITY SHALL ADVERTISE OR PROVIDE IN ANY WAY FOR THE
ADVERTISEMENT OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR HOOKAH TOBAC-
CO IN ANY OUTDOOR AREA WITHIN FIVE HUNDRED FEET OF ANY PARK OR SCHOOL,
OR WITHIN THE INTERIOR OF ANY BUILDING OR STRUCTURE WHICH IS WITHIN FIVE
HUNDRED FEET OF ANY PARK OR SCHOOL WHEN SUCH ADVERTISEMENT IS WITHIN
FIVE FEET OF ANY EXTERIOR WINDOW OR ANY DOOR WHICH IS USED FOR ENTRY OR
EGRESS TO THE BUILDING OR STRUCTURE BY THE PUBLIC; EXCEPT THAT SUCH
ADVERTISEMENT MAYBE PLACED OR MAINTAINED IN THE INTERIOR OF ANY SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09592-01-9
A. 7275 2
PREMISES WHERE IT IS PARALLEL TO SUCH WINDOWS OR ENTRYWAYS AND FACES
INWARD OR ARE AFFIXED TO A WALL PANEL OR SIMILAR FIXTURE THAT IS PERPEN-
DICULAR TO SUCH WINDOW OR ENTRYWAY.
3. ANY PERSON CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED PART-
NERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS FOR
A SECOND OR SUBSEQUENT VIOLATION.
§ 2. This act shall take effect immediately.