S T A T E O F N E W Y O R K
________________________________________________________________________
4412--A
2023-2024 Regular Sessions
I N S E N A T E
February 8, 2023
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
establishing a license to sell liquor at retail for consumption on
premises in a cigar lounge; and to amend the labor law, in relation to
requiring cigar lounges to provide written notification warning
employees of the dangers of exposure to tobacco smoke
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 7-e to read as follows:
7-E. "CIGAR LOUNGE" MEANS ANY BONA FIDE RETAIL STORE THAT: (A) CATERS
TO PATRONS WHO PURCHASE AND SMOKE CIGARS; (B) GENERATES SIXTY PERCENT OR
MORE OF ITS QUARTERLY ADJUSTED GROSS REVENUE FROM THE SALE OF CIGAR-RE-
LATED PRODUCTS, WHICH IS LIMITED TO CIGARS, HUMIDORS, CIGAR CUTTERS,
CIGAR CASES, LIGHTERS AND ASHTRAYS. REVENUE FROM STATE LOTTERY, MAIL
ORDER, AND INTERNET SALES, AS WELL AS REVENUE GENERATED FROM OTHER
TOBACCO SALES IN STORE, INCLUDING CIGARETTES AND LOOSE TOBACCO SALES,
SHALL NOT BE USED TO DETERMINE WHETHER AN ESTABLISHMENT SATISFIES THE
DEFINITION OF A CIGAR LOUNGE; (C) HAS A HUMIDOR ON THE PREMISES; (D) IS
OPEN TO THE PUBLIC ON A REGULAR BASIS; (E) HAS CAPACITY FOR A MINIMUM OF
FIFTEEN PATRONS; (F) DOES NOT ALLOW ANY PERSON UNDER THE AGE OF TWENTY-
ONE ON THE PREMISES UNLESS ACCOMPANIED BY A PARENT, LEGAL GUARDIAN, OR
ADULT SPOUSE; (G) DOES NOT ALLOW SERVICE OF FOOD AND THE SMOKING OF
CIGARETTES, E-CIGARETTES, HOOKAH OR SHISHA; AND (H) HOLDS A CURRENT NEW
YORK RETAIL DEALER CERTIFICATE OF REGISTRATION FOR CIGARETTES AND TOBAC-
CO PRODUCTS AND SUCH BUSINESS WAS ISSUED THEIR FIRST CERTIFICATE PRIOR
TO JUNE FIRST, TWO THOUSAND EIGHTEEN AT ANY ADDRESS. A CIGAR LOUNGE
SHALL BE A PERMANENT STRUCTURE WHERE STOCK IS DISPLAYED AND OFFERED FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06300-03-3
S. 4412--A 2
SALE AND THAT HAS FACILITIES TO PROPERLY SECURE ANY STOCK OF ALCOHOLIC
BEVERAGES.
§ 2. The alcoholic beverage control law is amended by adding a new
section 64-f to read as follows:
§ 64-F. LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES
IN A CIGAR LOUNGE. 1. A CIGAR LOUNGE MEANS A BUSINESS WHICH MEETS THE
REQUIREMENTS OF A CIGAR LOUNGE AS DEFINED IN SECTION THREE OF THIS CHAP-
TER.
2. ANY PERSON CURRENTLY LICENSED IN NEW YORK WITH A RETAIL DEALER
CERTIFICATE OF REGISTRATION FOR CIGARETTES AND TOBACCO PRODUCTS WHO WAS
FIRST ISSUED SUCH CERTIFICATE PRIOR TO JUNE FIRST, TWO THOUSAND EIGHTEEN
MAY MAKE AN APPLICATION TO THE AUTHORITY FOR A LICENSE TO SELL LIQUOR AT
RETAIL TO BE CONSUMED ON THE PREMISES WHERE SOLD AND SUCH LICENSE SHALL
BE ISSUED TO ALL APPLICANTS EXCEPT FOR GOOD CAUSE SHOWN.
3. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY
THIS ARTICLE FOR SUCH LICENSE.
4. SUCH LICENSE SHALL, IN FORM AND IN SUBSTANCE, BE A LICENSE TO THE
PERSON SPECIFICALLY LICENSED TO SELL LIQUOR AT RETAIL TO BE CONSUMED
UPON THE PREMISES. SUCH LICENSE SHALL ALSO BE DEEMED TO INCLUDE A
LICENSE TO SELL WINE AND BEER AT RETAIL TO BE CONSUMED UNDER THE SAME
TERMS AND CONDITIONS WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE.
5. FOOD CANNOT BE PREPARED OR SERVED BY A LICENSEE.
6. SUCH LICENSE SHALL REQUIRE THAT A CIGAR LOUNGE STOCK LIQUOR, WINE,
BEER, CIDER, AND WINE PRODUCTS PRODUCED IN NEW YORK STATE AS AT LEAST
FIVE PERCENT OF ITS LIQUOR, BEER AND WINE SELECTIONS.
7. ALL APPLICANTS FOR EMPLOYMENT AT A CIGAR LOUNGE SHALL BE PRESENTED
WITH A WRITTEN NOTICE THAT STATES THAT WORKING IN A CIGAR LOUNGE HAS
SERIOUS AND PERMANENT NEGATIVE HEALTH EFFECTS, INCLUDING, BUT NOT LIMIT-
ED TO, AN INCREASED RISK OF CANCER AND HEART DISEASE, AND THAT NO LEVEL
OF EXPOSURE TO SECOND-HAND SMOKE IS SAFE.
8. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL THE PROCEDURE, SO
FAR AS APPLICABLE, IN CONNECTION WITH SUCH APPLICATION.
9.(A) NO CIGAR LOUNGE LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
SHALL BE:
(I) 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; OR
(II) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
OR MORE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES
LICENSED AND OPERATING PURSUANT TO PROVISIONS OF THIS SECTION AND
SECTIONS SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR
SIXTY-FOUR-E OF THIS ARTICLE.
(B) THE MEASUREMENTS IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION 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 SUCH PREM-
ISES LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS
SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D AND/OR SIXTY-FOUR-E
OF THIS ARTICLE; EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES
AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY
FROM A DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR
AVENUE AND WITHIN TWO HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP;
S. 4412--A 3
AND EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES, WHICH IS
WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND
OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE, AT
WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY ON
OR PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE LIQUOR
AUTHORITY, IN ITS DISCRETION, MAY AUTHORIZE THE REMOVAL OF ANY SUCH
LICENSED PREMISES TO A DIFFERENT LOCATION ON THE SAME STREET OR AVENUE,
WITHIN TWO HUNDRED FEET OF SAID SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
OF WORSHIP, PROVIDED THAT SUCH NEW LOCATION IS NOT WITHIN A CLOSER
DISTANCE TO SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
(C) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-
FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE OR OF THE
PREMISES SOUGHT TO BE LICENSED, REGULARLY USED TO GIVE INGRESS TO
STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC ATTENDING THE PLACE OF
WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND OPERATING
PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-
FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE OR OF THE PREMISES SOUGHT TO
BE LICENSED, EXCEPT THAT WHERE A SCHOOL OR HOUSE OF WORSHIP OR PREMISES
LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-FOUR-E OF THIS
ARTICLE OR THE PREMISES SOUGHT TO BE LICENSED IS SET BACK FROM A PUBLIC
THOROUGHFARE, THE WALKWAY OR STAIRS LEADING TO ANY SUCH DOOR SHALL BE
DEEMED AN ENTRANCE; AND THE MEASUREMENT SHALL BE TAKEN TO THE CENTER OF
THE WALKWAY OR STAIRS AT THE POINT WHERE IT MEETS THE BUILDING LINE OR
PUBLIC THOROUGHFARE. A DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS
USED SOLELY AS AN EMERGENCY OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES,
OR WHICH LEADS DIRECTLY TO A PART OF A BUILDING NOT REGULARLY USED BY
THE GENERAL PUBLIC OR PATRONS, IS NOT DEEMED AN "ENTRANCE".
§ 3. Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
11. THE ANNUAL FEE FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMP-
TION ON PREMISES IN A CIGAR LOUNGE SHALL BE ONE THOUSAND SEVEN HUNDRED
NINETY-TWO DOLLARS PER YEAR.
§ 4. The labor law is amended by adding a new section 202-n to read as
follows:
§ 202-N. CIGAR LOUNGE EMPLOYEES; TOBACCO SMOKE EXPOSURE NOTIFICATION.
A CIGAR LOUNGE, AS DEFINED IN SECTION THREE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, SHALL PROVIDE WRITTEN NOTICE TO ALL EMPLOYEES AND APPLI-
CANTS FOR EMPLOYMENT THAT WORKING IN A CIGAR LOUNGE MAY CAUSE SERIOUS
NEGATIVE HEALTH EFFECTS, INCLUDING AN INCREASED RISK OF CANCER AND HEART
DISEASE AND THAT NO LEVEL OF EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE IS
SAFE.
§ 5. This act shall take effect immediately.
