Senate Bill S7179

2023-2024 Legislative Session

Relates to certain requirements for new tobacco business locations

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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2023-S7179 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaaa, Gen Bus L

2023-S7179 (ACTIVE) - Summary

Prohibits retail dealers from opening a tobacco business within 500 feet of an already existing licensed tobacco business; provides an exception if it is determined to be in the public interest by the municipality or community board.

2023-S7179 (ACTIVE) - Sponsor Memo

2023-S7179 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7179
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to  amend  the  general  business  law,  in relation to certain
   requirements for new tobacco business locations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-aaaa to read as follows:
   §  396-AAAA.   NEW TOBACCO BUSINESS LOCATIONS. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "RETAIL DEALER" MEANS A PERSON LICENSED  BY  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  TO  SELL  CIGARETTES,  TOBACCO PRODUCTS, TOBACCO
 ACCESSORIES OR VAPOR PRODUCTS IN THE STATE OF NEW YORK.
   (B) "TOBACCO BUSINESS" SHALL HAVE THE SAME MEANING  AS  SUCH  TERM  IS
 DEFINED  IN SUBDIVISION EIGHT OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA
 OF THE PUBLIC HEALTH LAW.
   (C) "TOBACCO PRODUCTS" MEANS ONE OR MORE CIGARETTES OR CIGARS,  BIDIS,
 CHEWING  TOBACCO,  POWDERED TOBACCO, NICOTINE WATER OR ANY OTHER TOBACCO
 PRODUCTS.
   (D) "TOBACCO ACCESSORIES" MEANS PRODUCTS, EQUIPMENT  OR  PARAPHERNALIA
 INCLUDING, BUT NOT LIMITED TO, PIPES, WATER PIPES, HERB GRINDERS, VAPOR-
 IZERS,  HOOKAHS, BONGS, ROLLING PAPERS OR ANY OTHER DEVICE, EQUIPMENT OR
 APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO AND/OR NICOTINE.
   (E) "VAPOR PRODUCT" MEANS ANY VAPOR PRODUCT,  AS  DEFINED  BY  SECTION
 THIRTEEN  HUNDRED  NINETY-NINE-AA  OF THE PUBLIC HEALTH LAW, INTENDED OR
 REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   2. (A) NO RETAIL DEALER SHALL OPEN A TOBACCO BUSINESS IN A CITY,  TOWN
 OR  VILLAGE  HAVING  A POPULATION OF TWENTY THOUSAND OR MORE WITHIN FIVE
 HUNDRED FEET OF ANY EXISTING LICENSED TOBACCO BUSINESS.
   (B) THE MEASUREMENT IN PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  BE
 TAKEN  IN A STRAIGHT LINE FROM THE CENTER OF THE NEAREST ENTRANCE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10384-01-3

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