S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    430
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the public buildings law, in relation to prohibiting the
   sale  of tobacco products at vending stands leasing space and in vend-
   ing machines, in a state building

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a) and (b) of subdivision 13 of section 3 of
 the public buildings law, paragraph (a) as added by chapter  83  of  the
 laws  of 1995 and paragraph (b) as amended by chapter 265 of the laws of
 2013, are amended to read as follows:
   (a) In his or her discretion, lease space in any  public  building  or
 other  premises  under  his  or her supervision and control, pursuant to
 this article, to any person, firm or corporation, for the  operation  of
 restaurants,  retail  stores, vending stands for the sale of newspapers,
 periodicals, confections[, tobacco products]  and  such  other  articles
 THAT  ARE  NOT  TOBACCO PRODUCTS, as may be approved by the commissioner
 for each stand, and for bootblack  service.  Any  such  lease  shall  be
 subject  to  such terms and conditions as he or she may deem proper, but
 for a term not exceeding five years, except that the  commissioner  may,
 in  his  or  her discretion, lease space for a term of not more than ten
 years where extensive renovation or repair  to  or  improvement  of  the
 space  is  required  of or by the lessee and the commissioner determines
 that it is reasonable for the costs thereof to be amortized over a  term
 greater  than five years. Nothing herein shall restrict the commissioner
 from providing in any such lease for its renewal or  extension,  at  the
 commissioner's  option,  for  terms  of  five years or less. However, in
 order to provide blind persons  with  remunerative  employment,  enlarge
 their  economic  opportunities  and facilitate their efforts to be self-
 supporting, whenever feasible, permits  shall  be  given  to  the  state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02145-01-7
              

 A. 430                              2
 
 department  of  social  services for the operation of vending stands and
 machines.
   (b)  Issue  to the office of children and family services a permit for
 any of the purposes mentioned in this subdivision to be  operated  by  a
 blind  person  or  persons as defined in subdivision four of section two
 hundred eight of the social services law or for the operation of vending
 machines and similar  devices  dispensing  food,  confections,  [tobacco
 products,]  coffee, tea, milk, soft drinks and such other articles, THAT
 ARE NOT TOBACCO PRODUCTS, as may be approved by him or her in  consulta-
 tion with the office of children and family services, for the benefit of
 the general purposes of the business enterprise program for the blind of
 the office of children and family services commission for the blind, and
 upon  such  terms and conditions as the commissioner may deem proper but
 without provision for payment of rent or other  consideration  for  such
 permits,  and  for  a term not exceeding five years, which permit may be
 extended and renewed. Such permit shall include a provision  authorizing
 the  office  of  children and family services to assign or transfer such
 permit to a blind person or persons, as  herein  referred  to,  for  the
 purposes  aforesaid,  and it shall also provide that the office of chil-
 dren and family services shall send to the commissioner a notice of  any
 assignment  or  transfer  as  aforesaid, which notice shall contain such
 information as the  commissioner  shall  require.  The  permit  and  any
 assignment  or transfer thereof shall reserve (i) to the office of chil-
 dren and family services the power of supervision over the  conduct  and
 operation  of  the premises covered thereby and (ii) to the commissioner
 of general services the right to revoke such permit or the assignment or
 transfer thereof upon the mailing to  the  last  known  address  of  the
 assignee  or assignees a notice of such revocation to be effected within
 such period of time as the commissioner shall deem to be reasonable.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  provisions  of  this  act  shall not apply to any lease, renewal or
 extension of leased space entered into, or permit for the operation of a
 vending machine issued prior to such effective date.