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This entry was published on 2020-07-03
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SECTION 396-AAA
Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-aaa. Public display of tobacco and electronic cigarette
advertisements and smoking paraphernalia prohibited. 1. For purposes of
this section:

(a) "Advertisement" means words, pictures, photographs, symbols,
graphics or visual images of any kind, or any combination thereof, which
bear a health warning required by federal statute, the purpose or effect
of which is to identify a brand of a tobacco product, electronic
cigarette, or vapor product intended or reasonably expected to be used
with or for the consumption of nicotine, a trademark of a tobacco
product, electronic cigarette, or vapor product intended or reasonably
expected to be used with or for the consumption of nicotine or a trade
name associated exclusively with a tobacco product, electronic
cigarette, or vapor product intended or reasonably expected to be used
with or for the consumption of nicotine, or to promote the use or sale
of a tobacco product, electronic cigarette, or vapor product intended or
reasonably expected to be used with or for the consumption of nicotine.

(b) "Smoking paraphernalia" means any pipe, water pipe, hookah,
rolling papers, electronic cigarette, vaporizer or any other device,
equipment or apparatus designed for the inhalation of tobacco or
nicotine.

(c) "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.

(d) "Tobacco products" shall have the same meaning as in subdivision
five of section thirteen hundred ninety-nine-aa of the public health
law.

(e) "Electronic cigarette" shall have the same meaning as in
subdivision thirteen of section thirteen hundred ninety-nine-aa of the
public health law.

2. (a) No person, corporation, partnership, sole proprietor, limited
partnership, association or any other business entity may place, cause
to be placed, maintain or to cause to be maintained, smoking
paraphernalia or tobacco product, electronic cigarette, or vapor product
intended or reasonably expected to be used with or for the consumption
of nicotine, advertisements in a store front or any exterior window or
any door which is used for entry or egress by the public to the building
or structure containing a place of business within one thousand five
hundred feet of a school, provided that within New York city such
prohibitions shall only apply within five hundred feet of a school.

(b) Any person, corporation, partnership, sole proprietor, limited
partnership, association or any other business entity in violation of
this section shall be subject to a civil penalty of not more than five
hundred dollars for a first violation and not more than one thousand
dollars for a second or subsequent violation.