S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3559
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. ORTIZ, GALEF -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   advertisement  of tobacco products and alcohol at mass transit facili-
   ties
 
   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 section
 1399-mm-1 to read as follows:
   § 1399-MM-1. ADVERTISING OF TOBACCO PRODUCTS AND ALCOHOL AT MASS TRAN-
 SIT FACILITIES PROHIBITED. 1. FOR  THE  PURPOSES  OF  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "TOBACCO PRODUCTS" SHALL MEAN CIGARETTES, CIGARS, CHEWING TOBACCO,
 OR ANY OTHER TOBACCO PRODUCT;
   B. "MASS TRANSIT FACILITIES" SHALL MEAN A TRAIN, SUBWAY, BUS, TAXICAB,
 OR FERRY OR ANY BUILDING OR AREA WHERE PEOPLE GATHER TO RIDE SUCH TRAIN,
 SUBWAY, BUS, TAXICAB OR FERRY; AND
   C. "PERSON" SHALL MEAN A PERSON, FIRM, COMPANY, CORPORATION,  PARTNER-
 SHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP, ASSOCIATION, LIMITED LIABIL-
 ITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, WHETHER PUBLIC OR PRIVATE,
 THAT RECEIVES FUNDING FROM THE STATE TO OPERATE A MASS TRANSIT FACILITY.
   2.  NO  PERSON  OPERATING A MASS TRANSIT FACILITY WITHIN A CITY WITH A
 POPULATION OF ONE MILLION  OR  MORE  LOCATED  WITHIN  THIS  STATE  SHALL
 DISPLAY  ANY  ADVERTISEMENT OF ANY TYPE OR MANNER TO PROMOTE THE SALE OR
 USE OF ANY TOBACCO PRODUCT OR ALCOHOL.
   3. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED  NINETY-
 NINE-EE  OF THIS ARTICLE, ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  IN  THE  AMOUNT  OF  FIVE
 HUNDRED DOLLARS PER DAY FOR EACH SUCH VIOLATION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08370-01-7