S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8376
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the tax law, in  relation  to  establishing  a  physical
   premises license for businesses retailing certain smoking products and
   paraphernalia
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "retail
 smoke shop physical premises licensing act".
   §  2.  The  tax law is amended by adding a new article 19-A to read as
 follows:
                               ARTICLE 19-A
    REGULATION OF PREMISES RETAILING SMOKING PRODUCTS AND PARAPHERNALIA
 SECTION 460. DEFINITIONS.
         461. LICENSE.
   § 460. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "SMOKING PARAPHERNALIA" AND "SMOKING PRODUCTS" SHALL MEAN ANY SILI-
 CONE OR GLASS PIPE, WATER PIPE,  HOOKAH,  ROLLING  PAPERS,  BOWLS,  VAPE
 PENS, DAB PEN, ELECTRIC RIG, VAPORIZER OR ANY OTHER DEVICE, EQUIPMENT OR
 APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO OR CANNABIS PRODUCTS.
   2. "SMOKE SHOP" SHALL MEAN ANY BUSINESS THAT EXCLUSIVELY RETAILS SMOK-
 ING  PRODUCTS OR SMOKING PARAPHERNALIA, BUT SHALL NOT INCLUDE A PREMISES
 LICENSED TO SELL CIGARETTES OR TOBACCO PRODUCTS UNDER ARTICLE TWENTY  OF
 THIS CHAPTER.
   § 461. LICENSE.  1. (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FIVE, EVERY RETAIL DEALER SHALL PUBLICLY DISPLAY A  PREMISES  LICENSE
 FROM  THE  DEPARTMENT  IN  EACH PLACE OF BUSINESS IN THIS STATE WHICH IS
 OPERATED AS A SMOKE SHOP AS DEFINED IN THIS ARTICLE.   APPLICATIONS  FOR
 LICENSES SHALL BE MADE ON FORMS PRESCRIBED BY THE COMMISSIONER.
   (B) LICENSES SHALL BE VALID FOR A CALENDAR YEAR PERIOD UPON PAYMENT OF
 THE  FEE IN AN AMOUNT DETERMINED BY THE COMMISSIONER AND MUST BE RENEWED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13744-01-3
              

 A. 8376                             2
 
 EACH YEAR UPON PAYMENT OF SUCH FEE. A LICENSE SHALL NOT BE ASSIGNABLE OR
 TRANSFERABLE.
   2.  THE  COMMISSIONER  SHALL ESTABLISH REGULATIONS FOR THE ISSUANCE OF
 THE PREMISES LICENSE REQUIRED BY THIS ARTICLE, INCLUDING BUT NOT LIMITED
 TO REQUIREMENTS CONCERNING THE LOCATION AND OPERATION  OF  THE  LICENSED
 PREMISES,  PROXIMITY  TO SENSITIVE AREAS, SUCH AS SCHOOL ZONES, ETC. AND
 ANY RELATED HEALTH AND SAFETY CONSIDERATIONS.
   (A) A PREMISES LICENSED UNDER THIS  ARTICLE  SHALL  BE  LOCATED  ON  A
 PUBLIC THOROUGHFARE WHICH IS ZONED FOR COMMERCIAL PREMISES.
   (B) ANY ENTRANCE FOR NON-PROPRIETOR USE OF THE LICENSED PREMISES SHALL
 BE ON STREET LEVEL.
   (C) ANY LICENSED PREMISES, AT ANY POINT ON THE PERIMETER, SHALL NOT BE
 WITHIN  FIVE  HUNDRED  FEET  OF  THE BOUNDARY LINE OF A SCHOOL, DAYCARE,
 HOSPITAL, NURSING HOME,  SUBSTANCE  REHABILITATION  FACILITY,  SUBSTANCE
 TREATMENT  CENTERS, DETOX OR RECOVERY HOMES OR CENTERS, SUPPORT SERVICES
 LOCATIONS OR CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   (D) A LICENSED PREMISES MAY ONLY OPERATE BETWEEN  THE  HOURS  OF  NINE
 O'CLOCK A.M. AND TEN O'CLOCK P.M.
   (E)  NO SCREENS, BLINDS, CURTAINS, OR PARTITIONS SHALL BE PERMITTED IN
 THE INTERIOR OF THE PREMISES WHICH OBSTRUCT EITHER VIEWS OR MOVEMENTS OF
 NON-PROPRIETORS.
   3. NO PERSON WHO  HAS  BEEN  CONVICTED  OF  ANY  OFFENSE  INVOLVING  A
 CONTROLLED SUBSTANCE UNDER THE PENAL LAW, OR ANY VIOLATION OF THE CANNA-
 BIS  LAW,  SHALL BE GRANTED A LICENSE UNDER THIS SECTION. A LICENSEE WHO
 IS CONVICTED OF A CONTROLLED SUBSTANCE OFFENSE  OR  A  CANNABIS  OFFENSE
 SHALL HAVE HIS OR HER LICENSE REVOKED.
   4. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO INSPECT ANY RETAIL PREM-
 ISES TO DETERMINE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   5.  REVENUES  GENERATED  FROM  THE  LICENSE  FEES COLLECTED UNDER THIS
 SECTION SHALL BE DEPOSITED IN THE GENERAL FUND OF THE STATE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.