S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7275
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   advertisements  for  electronic cigarettes, liquid nicotine and hookah
   tobacco within five hundred feet of a school or park

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-aaa to read as follows:
   §  396-AAA.  PROHIBITION  OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR
 HOOKAH TOBACCO ADVERTISEMENTS NEAR SCHOOLS AND PARKS. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ELECTRONIC CIGARETTE" SHALL MEAN AN ELECTRONIC DEVICE THAT  DELIV-
 ERS  VAPOR WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL INCLUDE ANY
 REFILL CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE;
   B. "LIQUID NICOTINE" SHALL MEAN A  LIQUID  COMPOSED  OF  NICOTINE  AND
 OTHER  CHEMICALS  AND  WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN
 ELECTRONIC CIGARETTE; AND
   C. "HOOKAH TOBACCO" SHALL MEAN 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, INCLUDING SHISHA.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, CORPORATION,
 PARTNERSHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP,  ASSOCIATION  OR  ANY
 OTHER  BUSINESS  ENTITY  SHALL  ADVERTISE  OR PROVIDE IN ANY WAY FOR THE
 ADVERTISEMENT OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR HOOKAH TOBAC-
 CO IN ANY OUTDOOR AREA WITHIN FIVE HUNDRED FEET OF ANY PARK  OR  SCHOOL,
 OR WITHIN THE INTERIOR OF ANY BUILDING OR STRUCTURE WHICH IS WITHIN FIVE
 HUNDRED  FEET  OF  ANY  PARK OR SCHOOL WHEN SUCH ADVERTISEMENT IS WITHIN
 FIVE FEET OF ANY EXTERIOR WINDOW OR ANY DOOR WHICH IS USED FOR ENTRY  OR
 EGRESS  TO  THE  BUILDING  OR  STRUCTURE BY THE PUBLIC; EXCEPT THAT SUCH
 ADVERTISEMENT MAYBE PLACED OR MAINTAINED IN THE  INTERIOR  OF  ANY  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09592-01-9

 A. 7275                             2
 
 PREMISES  WHERE  IT  IS  PARALLEL TO SUCH WINDOWS OR ENTRYWAYS AND FACES
 INWARD OR ARE AFFIXED TO A WALL PANEL OR SIMILAR FIXTURE THAT IS PERPEN-
 DICULAR TO SUCH WINDOW OR ENTRYWAY.
   3. ANY PERSON CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED PART-
 NERSHIP,  ASSOCIATION  OR ANY OTHER BUSINESS ENTITY IN VIOLATION OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN  FIVE  HUNDRED
 DOLLARS FOR A FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS FOR
 A SECOND OR SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.