S T A T E   O F   N E W   Y O R K
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                                  8371

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 24, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to banning smoking in
  hotel and motel rooms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs c, q and r of subdivision 1 of section 1399-o of
the  public  health  law, as amended by chapter 389 of the laws of 2011,
are amended to read as follows:
  c. food service establishments,  except  as  provided  in  subdivision
[six] FIVE of section thirteen hundred ninety-nine-q of this article;
  q. zoos; [and]
  r. bingo facilities; AND
  S. HOTELS OR MOTELS INCLUDING ROOMS RENTED TO ONE OR MORE GUESTS.
  S 2. Section 1399-q of the public health law, as amended by chapter 13
of the laws of 2003, is amended to read as follows:
  S  1399-q.  Smoking  restrictions inapplicable. This article shall not
apply to:
  1. Private homes, private residences and private automobiles;
  2. [A hotel or motel room rented to one or more guests;
  3.] Retail tobacco businesses;
  [4.]3. Membership associations; provided, however, that smoking  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  member-
ship  association  who  do not receive compensation of any kind from the
membership association or any other entity for the performance  of  such
duties;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11853-01-5

              

A. 8371                             2

  [5.]4.  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;
  [6.]5. Outdoor dining areas of food  service  establishments  with  no
roof  or other ceiling enclosure; provided, however, that smoking may be
permitted in a contiguous area designated for smoking 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 (c) is clearly designated with written
signage as a smoking area; and
  [7.]6. 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,  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  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  arti-
cle,  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 under this subdivision for more  than  two  days  in  any
calendar year.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.