Senate Bill S4249A

2019-2020 Legislative Session

Relates to new retail electronic cigarette stores and tobacco businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Actions
Votes

Bill Amendments

co-Sponsors

2019-S4249 - Details

See Assembly Version of this Bill:
A6842
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-aa, add §1399-mm-1, Pub Health L

2019-S4249 - Summary

Relates to prohibited locations for new retail electronic cigarette stores and tobacco businesses.

2019-S4249 - Sponsor Memo

2019-S4249 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4249
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend  the  public  health  law,  in  relation  to  prohibited
   locations for retail electronic cigarette stores
 
   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; PROHIBITED LOCATIONS.
 1. NO RETAIL ELECTRONIC CIGARETTE STORE SHALL BE LOCATED:
   (A)  ON  THE  SAME  STREET OR AVENUE AND WITHIN ONE THOUSAND FEET OF A
 BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
 PLACE OF WORSHIP;
   (B)  IN  A  CITY  WITHIN  ONE  THOUSAND FEET OF THREE OR MORE EXISTING
 RETAIL ELECTRONIC CIGARETTE STORES; OR
   (C) IN A TOWN OR VILLAGE WITHIN A TWO SQUARE MILE  AREA  OF  THREE  OR
 MORE EXISTING RETAIL ELECTRONIC CIGARETTE STORES.
   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 RETAIL ELEC-
 TRONIC CIGARETTE STORE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09776-03-9
              

co-Sponsors

2019-S4249A (ACTIVE) - Details

See Assembly Version of this Bill:
A6842
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §1399-aa, add §1399-mm-1, Pub Health L

2019-S4249A (ACTIVE) - Summary

Relates to prohibited locations for new retail electronic cigarette stores and tobacco businesses.

2019-S4249A (ACTIVE) - Sponsor Memo

2019-S4249A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4249--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced by Sens. MARTINEZ, GOUNARDES, KRUEGER, PARKER, THOMAS -- read
   twice  and  ordered  printed,  and when printed to be committed 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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