S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4316
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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  excluding  patios
   and  other  outdoor  areas  on  the premises of any entity licensed to
   operate a video lottery gaming facility from restrictions of the Clean
   Indoor Air act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1399-q  of  the public health law, as amended by
 chapter 13 of the laws of 2003, is amended to read as follows:
   § 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. 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  membership
 association who do not receive compensation of any kind from the member-
 ship association or any other entity for the performance of such duties;
   5. 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  arti-
 cle.  Such registration shall remain in effect for one year and shall be
 renewable only if: (a) in the preceding calendar  year,  the  cigar  bar
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04601-01-7

 A. 4316                             2
 
 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. Outdoor dining areas of food service establishments with no roof or
 other  ceiling enclosure; provided, however, that smoking may be permit-
 ted 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 desig-
 nated for smoking, and (c) is clearly designated with written signage as
 a smoking area; [and]
   7.  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[.]; AND
   8. PATIOS AND OTHER OUTDOOR  AREAS  ON  THE  PREMISES  OF  ANY  ENTITY
 LICENSED  TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO SECTION
 ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW WHICH ARE COVERED BY
 A ROOF OR OTHER CEILING ENCLOSURE; PROVIDED THAT SUCH COVERED  PATIO  OR
 OTHER  OUTDOOR  AREA  MUST  BE CLEARLY DESIGNATED AS A SMOKING AREA, AND
 MUST EITHER (A) BE COMPLETELY OPEN ON AT LEAST ONE SIDE, WITH NO WALL ON
 ONE SIDE, OR (B) BE OPEN ON TWO OR MORE SIDES, WITH PARTIAL WALLS ON THE
 TWO OR MORE OPEN SIDES TO THE HEIGHT OF NOT MORE THAN FIFTY  PERCENT  OF
 THE  DISTANCE  BETWEEN  THE  FLOOR  AND CEILING. AIR PERMEABLE MATERIALS
 WHICH FUNCTION AS A WEATHER BARRIER AND WHICH DO  NOT  PROVIDE  A  RIGID
 PARTITION  SHALL  BE  DISREGARDED  FOR PURPOSES OF DETERMINING WHETHER A
 COVERED PATIO OR OTHER OUTDOOR AREA IS OPEN ON ONE, TWO OR  MORE  SIDES.
 JURISDICTION  IN  ALL MATTERS PERTAINING TO A SMOKING AREA ON PATIOS AND
 OTHER OUTDOOR AREAS ON THE PREMISES OF ANY ENTITY LICENSED TO OPERATE  A
 VIDEO  LOTTERY  GAMING  FACILITY  PURSUANT  TO  SECTION ONE THOUSAND SIX
 HUNDRED SEVENTEEN-A OF THE TAX LAW IN THIS STATE IS  VESTED  EXCLUSIVELY
 IN  THE  STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE
 OR REGULATION PROMULGATED THERETO, GOVERNING OR  PROHIBITING  A  SMOKING
 AREA  ON  PATIOS  AND  OTHER OUTDOOR AREAS ON THE PREMISES OF ANY ENTITY
 LICENSED TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO  SECTION
 ONE  THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW IN THE STATE SHALL,
 UPON THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND
 SIXTEEN WHICH ADDED THIS SUBDIVISION, BE PREEMPTED.
   § 2. This act shall take effect immediately.