S T A T E O F N E W Y O R K
________________________________________________________________________
7208
2021-2022 Regular Sessions
I N S E N A T E
June 7, 2021
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public buildings law, in relation to prohibiting the
sale of tobacco products at vending stands leasing space and in vend-
ing machines in a state building
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 13 of section 3 of
the public buildings law, paragraph (a) as added by chapter 83 of the
laws of 1995 and paragraph (b) as amended by chapter 265 of the laws of
2013, are amended to read as follows:
(a) In his or her discretion, lease space in any public building or
other premises under his or her supervision and control, pursuant to
this article, to any person, firm or corporation, for the operation of
restaurants, retail stores, vending stands for the sale of newspapers,
periodicals, confections[, tobacco products] and such other articles
THAT ARE NOT TOBACCO PRODUCTS, as may be approved by the commissioner
for each stand, and for bootblack service. Any such lease shall be
subject to such terms and conditions as he or she may deem proper, but
for a term not exceeding five years, except that the commissioner may,
in his or her discretion, lease space for a term of not more than ten
years where extensive renovation or repair to or improvement of the
space is required of or by the lessee and the commissioner determines
that it is reasonable for the costs thereof to be amortized over a term
greater than five years. Nothing herein shall restrict the commissioner
from providing in any such lease for its renewal or extension, at the
commissioner's option, for terms of five years or less. However, in
order to provide blind persons with remunerative employment, enlarge
their economic opportunities and facilitate their efforts to be self-
supporting, whenever feasible, permits shall be given to the state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06211-01-1
S. 7208 2
department of social services for the operation of vending stands and
machines.
(b) Issue to the office of children and family services a permit for
any of the purposes mentioned in this subdivision to be operated by a
blind person or persons as defined in subdivision four of section two
hundred eight of the social services law or for the operation of vending
machines and similar devices dispensing food, confections, [tobacco
products,] coffee, tea, milk, soft drinks and such other articles, THAT
ARE NOT TOBACCO PRODUCTS, as may be approved by him or her in consulta-
tion with the office of children and family services, for the benefit of
the general purposes of the business enterprise program for the blind of
the office of children and family services commission for the blind, and
upon such terms and conditions as the commissioner may deem proper but
without provision for payment of rent or other consideration for such
permits, and for a term not exceeding five years, which permit may be
extended and renewed. Such permit shall include a provision authorizing
the office of children and family services to assign or transfer such
permit to a blind person or persons, as herein referred to, for the
purposes aforesaid, and it shall also provide that the office of chil-
dren and family services shall send to the commissioner a notice of any
assignment or transfer as aforesaid, which notice shall contain such
information as the commissioner shall require. The permit and any
assignment or transfer thereof shall reserve (i) to the office of chil-
dren and family services the power of supervision over the conduct and
operation of the premises covered thereby and (ii) to the commissioner
of general services the right to revoke such permit or the assignment or
transfer thereof upon the mailing to the last known address of the
assignee or assignees a notice of such revocation to be effected within
such period of time as the commissioner shall deem to be reasonable.
§ 2. This act shall take effect immediately; provided, however, that
the provisions of this act shall not apply to any lease, renewal or
extension of leased space entered into, or permit for the operation of a
vending machine issued prior to such effective date.