NY State Senate Bill 2019-S6055

Senate Bill S6055

2019-2020 Legislative Session

Prohibits public display of tobacco advertisements and smoking paraphernalia within one thousand feet of schools

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 16, 2019	referred to health

2019-S6055 (ACTIVE) - Details

See Assembly Version of this Bill:: A8656
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-ddd, Pub Health L

2019-S6055 (ACTIVE) - Summary

Prohibits public display of tobacco advertisements and smoking paraphernalia within one thousand feet of child-friendly institutions; defines terms; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

2019-S6055 (ACTIVE) - Sponsor Memo

2019-S6055 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6055
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to prohibiting public
   display of tobacco advertisements and smoking paraphernalia within one
   thousand feet of child-friendly institutions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 13-F of the public health law is amended by adding
 a new section 1399-ddd to read as follows:
   § 1399-DDD. PUBLIC  DISPLAY  OF  TOBACCO  ADVERTISEMENTS  AND  SMOKING
 PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS SECTION:
   (A)   "TOBACCO  ADVERTISEMENT"  MEANS  WORDS,  PICTURES,  PHOTOGRAPHS,
 SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THER-
 EOF, WHICH BEAR A  HEALTH  WARNING  REQUIRED  BY  FEDERAL  STATUTE,  THE
 PURPOSE  OR EFFECT OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT,
 A TRADEMARK OF A TOBACCO PRODUCT OR A TRADE NAME ASSOCIATED  EXCLUSIVELY
 WITH A TOBACCO PRODUCT, OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
 UCT.
   (B)  "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
 ING PAPERS, VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT  OR  APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C)  "TOBACCO  BUSINESS"  MEANS  A  SOLE  PROPRIETORSHIP, CORPORATION,
 LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE IN WHICH  THE
 PRIMARY  ACTIVITY  IS  THE  SALE,  MANUFACTURE  OR PROMOTION OF TOBACCO,
 TOBACCO PRODUCTS AND ACCESSORIES, EITHER AT WHOLESALE OR RETAIL, AND  IN
 WHICH  THE  SALE,  MANUFACTURE  OR PROMOTION OF OTHER PRODUCTS IS MERELY
 INCIDENTAL.
   (D) "CHILD-FRIENDLY INSTITUTION" MEANS ANY AREA OR PLACE  WHERE  CHIL-
 DREN  HAVE  A  REASONABLE  EXPECTATION  OF BEING FREE OF ADVERTISING AND
 DISTRIBUTION OF TOBACCO PRODUCTS, INCLUDING, BUT NOT LIMITED TO: PUBLIC,
 PRIVATE OR CHARTER SCHOOLS, MOVIE  THEATERS,  ARCADES  OR  OTHER  GAMING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11655-01-9

 S. 6055                             2
 
 FACILITIES,  PUBLIC  LIBRARIES,  BOWLING ALLEYS, AMUSEMENT PARKS, RECRE-
 ATION CENTERS AND PLAYGROUNDS.
   2.  (A)  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON TO PLACE, CAUSE TO BE
 PLACED, TO MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING  PARAPHERNALIA
 OR  TOBACCO ADVERTISEMENTS IN A STOREFRONT WINDOW OR ANY EXTERIOR WINDOW
 OR ANY DOOR WHICH IS USED FOR ENTRY OR  EGRESS  BY  THE  PUBLIC  TO  THE
 BUILDING  OR  STRUCTURE  CONTAINING  A  PLACE OF BUSINESS; PROVIDED SUCH
 BUSINESS IS LOCATED WITHIN ONE THOUSAND FEET  OF  CHILD-FRIENDLY  INSTI-
 TUTIONS.
   (B)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO A TOBACCO
 BUSINESS.
   (C) EACH VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A  CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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