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

                                  5300

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  advertisement of tobacco products and herbal cigarettes near schools

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

  Section 1. The public health law is amended by adding  a  new  article
13-I to read as follows:
                               ARTICLE 13-I
                    ADVERTISING TOBACCO PRODUCTS AND
                HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS
  SECTION 1399-AAA.  DEFINITIONS.
          1399-BBB.  ADVERTISING PROHIBITED NEAR SCHOOLS.
          1399-CCC.  HEARINGS; PENALTIES.
  S 1399-AAA. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "PERSON"  MEANS A PERSON, FIRM, COMPANY, CORPORATION, PARTNERSHIP,
SOLE PROPRIETOR, LIMITED  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
COMPANY OR LIMITED LIABILITY PARTNERSHIP.
  2.  "TOBACCO  PRODUCTS"  MEANS  ONE OR MORE CIGARETTES, CIGARS, BIDIS,
CHEWING TOBACCO, POWDERED TOBACCO, NICOTINE WATER OR ANY  OTHER  TOBACCO
PRODUCTS.
  3.   "HERBAL CIGARETTE" MEANS ANY PRODUCT MADE PRIMARILY OF AN HERB OR
COMBINATION OF HERBS, AND INTENDED TO BE SMOKED IN ANY  OF  THE  METHODS
THAT  TOBACCO  IS  SMOKED, INCLUDING BUT NOT LIMITED TO, AS A CIGARETTE,
CIGAR OR PIPE FILTER.
  4. "SCHOOL GROUNDS" MEANS (A) IN, ON OR WITHIN  ANY  BUILDING,  STRUC-
TURE,  ATHLETIC  PLAYING  FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND  FEET  OF  THE
REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL OR ANY PARKED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07634-01-3
              

A. 5300                             2

AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND  FEET  OF
THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL. FOR THE
PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC"  SHALL  MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
  S  1399-BBB. ADVERTISING PROHIBITED NEAR SCHOOLS. NO PERSON ENGAGED IN
THE BUSINESS OF MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHER-
WISE DISTRIBUTING TOBACCO PRODUCTS OR HERBAL CIGARETTES, OR ANY AGENT OR
EMPLOYEE OF SUCH PERSON, SHALL  ADVERTISE,  MARKET  OR  PROMOTE  TOBACCO
PRODUCTS OR HERBAL CIGARETTES OR THE PURCHASE OR USE THEREOF UPON SCHOOL
GROUNDS.
  S 1399-CCC. HEARINGS; PENALTIES. 1. HEARINGS WITH RESPECT TO VIOLATION
OF  THIS  ARTICLE  SHALL  BE  CONDUCTED  IN  THE SAME MANNER AS HEARINGS
CONDUCTED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
  2. IF THE ENFORCEMENT  OFFICER  DETERMINES  AFTER  A  HEARING  THAT  A
VIOLATION  OF  THIS ARTICLE HAS OCCURRED, HE OR SHE SHALL IMPOSE A CIVIL
PENALTY OF A MINIMUM OF TWO HUNDRED FIFTY DOLLARS, BUT NOT TO EXCEED ONE
THOUSAND DOLLARS FOR A  FIRST  VIOLATION,  A  MINIMUM  OF  FIVE  HUNDRED
DOLLARS,  BUT NOT TO EXCEED TWO THOUSAND DOLLARS FOR A SECOND VIOLATION,
AND A MINIMUM OF ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.