S T A T E O F N E W Y O R K
________________________________________________________________________
5219
2021-2022 Regular Sessions
I N S E N A T E
February 26, 2021
___________
Introduced by Sen. PARKER -- 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 the placement of
tobacco vending machines near schools, churches, synagogues or other
places of worship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-dd of the public health law, as amended by
chapter 448 of the laws of 2012 and subdivision (d) as amended by chap-
ter 100 of the laws of 2019, is amended to read as follows:
§ 1399-dd. Sale of tobacco products, herbal cigarettes or electronic
cigarettes in vending machines. No person, firm, partnership, company or
corporation shall operate a vending machine which dispenses tobacco
products, herbal cigarettes or electronic cigarettes unless such machine
is located: (a) in a bar as defined in subdivision one of section thir-
teen hundred ninety-nine-n of this chapter, or the bar area of a food
service establishment with a valid, on-premises full liquor license; (b)
in a private club; (c) in a tobacco business as defined in subdivision
eight of section thirteen hundred ninety-nine-aa of this article; or (d)
in a place of employment which has an insignificant portion of its regu-
lar workforce comprised of people under the age of twenty-one years and
only in such locations that are not accessible to the general public;
provided, however, that in such locations the vending machine is located
in plain view and under the direct supervision and control of the person
in charge of the location or his or her designated agent or employee;
PROVIDED, FURTHER, HOWEVER, THAT NO SUCH VENDING MACHINE SHALL BE WITHIN
THREE HUNDRED FIFTY FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09281-01-1