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This entry was published on 2021-04-16
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SECTION 1399-Q
Smoking and vaping restrictions inapplicable
Public Health (PBH) CHAPTER 45, ARTICLE 13-E
§ 1399-q. Smoking and vaping restrictions inapplicable. 1. This
article shall not apply to:

(a) Private homes and private residences;

(b) Private automobiles;

(c) A hotel or motel room rented to one or more guests;

(d) Retail tobacco businesses;

(e) Membership associations; provided, however, that smoking and
vaping shall only be allowed in membership associations in which all of
the duties with respect to the operation of such association, including,
but not limited to, the preparation of food and beverages, the service
of food and beverages, reception and secretarial work, and the security
services of the membership association are performed by members of such
membership association who do not receive compensation of any kind from
the membership association or any other entity for the performance of
such duties;

(f) Cigar bars that, in the calendar year ending December
thirty-first, two thousand two, generated ten percent or more of its
total annual gross income from the on-site sale of tobacco products and
the rental of on-site humidors, not including any sales from vending
machines, and is registered with the appropriate enforcement officer, as
defined in subdivision one of section thirteen hundred ninety-nine-t of
this article. Such registration shall remain in effect for one year and
shall be renewable only if: (a) in the preceding calendar year, the
cigar bar generated ten percent or more of its total annual gross income
from the on-site sale of tobacco products and the rental of on-site
humidors, and (b) the cigar bar has not expanded its size or changed its
location from its size or location since December thirty-first, two
thousand two;

(g) Outdoor dining areas of food service establishments with no roof
or other ceiling enclosure; provided, however, that smoking and vaping
may be permitted in a contiguous area designated for smoking and vaping
so long as such area: (a) constitutes no more than twenty-five percent
of the outdoor seating capacity of such food service establishment, (b)
is at least three feet away from the outdoor area of such food service
establishment not designated for smoking and vaping, and (c) is clearly
designated with written signage as a smoking and vaping area;

(h) Enclosed rooms in food service establishments, bars, catering
halls, convention halls, hotel and motel conference rooms, and other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the
primary purpose of promoting and sampling tobacco products or electronic
cigarettes, and the service of food and drink is incidental to such
purpose, provided that the sponsor or organizer gives notice in any
promotional material or advertisements that smoking and vaping will not
be restricted, and prominently posts notice at the entrance of the
facility and has provided notice of such function to the appropriate
enforcement officer, as defined in subdivision one of section thirteen
hundred ninety-nine-t of this article, at least two weeks prior to such
function. The enforcement officer shall keep a record of all tobacco
sampling events, and such record shall be made available for public
inspection. No such facility shall permit smoking and vaping under this
subdivision for more than two days in any calendar year;

(i) Retail electronic cigarette stores, provided however, that such
stores may only permit the use of electronic cigarettes; and

(j) Adult-use on-site consumption premises authorized pursuant to
article four of the cannabis law, provided however, that such locations
may only permit the smoking or vaping of cannabis.

2. The restrictions of this article on the smoking or vaping of
cannabis shall continue to apply to those locations identified in
paragraphs (b), (d), (f), (g), (h) and (i) of subdivision one of this
section.