S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7212
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2019
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale  of tobacco products, herbal cigarettes, liquid nicotine, shisha,
   rolling papers, electronic cigarettes or  smoking  paraphernalia  near
   schools;  and  to  amend  the  tax law, in relation to the issuance of
   licenses to sell tobacco products
 
   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
 
            SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID
        NICOTINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR
               SMOKING PARAPHERNALIA PROHIBITED NEAR SCHOOLS
 SECTION 1399-AAA. DEFINITIONS.
         1399-BBB. SALE OF TOBACCO PRODUCTS,  HERBAL  CIGARETTES,  LIQUID
                     NICOTINE,  SHISHA,  ROLLING PAPERS, ELECTRONIC CIGA-
                     RETTES  OR  SMOKING  PARAPHERNALIA  PROHIBITED  NEAR
                     SCHOOLS.
         1399-CCC. HEARINGS; PENALTIES.
   § 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

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

                                                            LBD08257-01-9

 A. 7212                             2
 
 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 FIVE HUNDRED FEET OF THE
 REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
 AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN FIVE HUNDRED 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.
   5. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLLING
 PAPERS, VAPORIZER OR ANY OTHER DEVICE, EQUIPMENT OR  APPARATUS  DESIGNED
 FOR THE INHALATION OF TOBACCO OR NICOTINE.
   6. "SHISHA" MEANS ANY PRODUCT MADE PRIMARILY OF TOBACCO OR OTHER LEAF,
 OR  ANY COMBINATION THEREOF, SMOKED OR INTENDED TO BE SMOKED IN A HOOKAH
 OR WATER PIPE.
   7. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS AN ELECTRONIC  DEVICE
 THAT  DELIVERS  VAPOR  WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL
 INCLUDE ANY REFILL, CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE.
   § 1399-BBB. SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID  NICO-
 TINE, SHISHA, ROLLING PAPERS, ELECTRONIC CIGARETTES OR SMOKING PARAPHER-
 NALIA  PROHIBITED  NEAR  SCHOOLS.  NO  PERSON ENGAGED IN THE BUSINESS OF
 MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHERWISE DISTRIBUTING
 TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID  NICOTINE,  SHISHA,  ROLLING
 PAPERS,  ELECTRONIC  CIGARETTES OR SMOKING PARAPHERNALIA OR ANY AGENT OR
 EMPLOYEE OF SUCH PERSON, SHALL SELL SUCH PRODUCTS  WITHIN  ONE  THOUSAND
 FEET OF SCHOOL GROUNDS.
   §   1399-CCC.   HEARINGS;  PENALTIES.  1.  HEARINGS  WITH  RESPECT  TO
 VIOLATIONS 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.
   §  2. Subdivision 1 of section 480 of the tax law is amended by adding
 a new paragraph (m) to read as follows:
   (M) ON AND AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, NO NEW  LICENSE
 SHALL  BE  ISSUED  OR  RENEWED TO ANY PERSON LOCATED WITHIN ONE THOUSAND
 FEET OF SCHOOL GROUNDS.
   § 3. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.