S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8162
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  a  license  to  sell liquor at retail for consumption on
   premises in a cigar lounge; and to amend the labor law, in relation to
   requiring  cigar  lounges  to  provide  written  notification  warning
   employees of the dangers of exposure to tobacco smoke
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the alcoholic beverage control law is  amended
 by adding a new subdivision 7-e to read as follows:
   7-E.  "CIGAR LOUNGE" MEANS ANY BONA FIDE RETAIL STORE THAT: (A) CATERS
 TO PATRONS WHO PURCHASE AND SMOKE PREMIUM CIGARS;  (B)  GENERATES  SIXTY
 PERCENT  OF ITS QUARTERLY ADJUSTED GROSS REVENUE FROM THE SALE OF CIGAR-
 RELATED PRODUCTS, WHICH IS LIMITED TO CIGARS, HUMIDORS,  CIGAR  CUTTERS,
 CIGAR  CASES,  LIGHTERS  AND  ASHTRAYS. REVENUE FROM STATE LOTTERY, MAIL
 ORDER, AND INTERNET SALES, AS  WELL  AS  REVENUE  GENERATED  FROM  OTHER
 TOBACCO  SALES  IN  STORE, INCLUDING CIGARETTES AND LOOSE TOBACCO SALES,
 SHALL NOT BE USED TO DETERMINE WHETHER AN  ESTABLISHMENT  SATISFIES  THE
 DEFINITION  OF A CIGAR LOUNGE; (C) HAS A HUMIDOR ON THE PREMISES; (D) IS
 OPEN TO THE PUBLIC ON A REGULAR BASIS; (E) HAS SEATING FOR A MINIMUM  OF
 FIFTEEN  PATRONS; (F) DOES NOT ALLOW ANY PERSON UNDER THE AGE OF TWENTY-
 ONE ON THE PREMISES UNLESS ACCOMPANIED BY A PARENT, LEGAL  GUARDIAN,  OR
 ADULT  SPOUSE;  (G)  DOES  NOT  ALLOW SERVICE OF FOOD AND THE SMOKING OF
 CIGARETTES, E-CIGARETTES, HOOKAH OR SHISHA; AND (H) HOLDS A CURRENT  NEW
 YORK RETAIL DEALER CERTIFICATE OF REGISTRATION FOR CIGARETTES AND TOBAC-
 CO  PRODUCTS  AND SUCH BUSINESS WAS ISSUED THEIR FIRST CERTIFICATE PRIOR
 TO JUNE FIRST, TWO THOUSAND EIGHTEEN AT  ANY  ADDRESS.  A  CIGAR  LOUNGE
 SHALL  BE A PERMANENT STRUCTURE WHERE STOCK IS DISPLAYED AND OFFERED FOR
 SALE AND THAT HAS FACILITIES TO PROPERLY SECURE ANY STOCK  OF  ALCOHOLIC
 BEVERAGES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11089-01-1

 A. 8162                             2
 
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 64-e to read as follows:
   §  64-E.  LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES
 IN A CIGAR LOUNGE. 1. A CIGAR LOUNGE MEANS A BUSINESS  WHICH  MEETS  THE
 REQUIREMENTS OF A CIGAR LOUNGE AS DEFINED IN SECTION THREE OF THIS CHAP-
 TER.
   2.  ANY  PERSON  CURRENTLY  LICENSED  IN NEW YORK WITH A RETAIL DEALER
 CERTIFICATE OF REGISTRATION FOR CIGARETTES AND TOBACCO PRODUCTS WHO  WAS
 FIRST ISSUED SUCH CERTIFICATE PRIOR TO JUNE FIRST, TWO THOUSAND EIGHTEEN
 AT  ANY  ADDRESS  AND  WHO  DOES  NOT CURRENTLY OR DID HOLD PRIOR A CLUB
 LIQUOR OR CLUB BEER LICENSE AT THE SAME LOCATION OF THE CIGAR LOUNGE MAY
 MAKE AN APPLICATION TO THE APPROPRIATE  BOARD  FOR  A  LICENSE  TO  SELL
 LIQUOR  AT  RETAIL  TO  BE  CONSUMED ON THE PREMISES WHERE SOLD AND SUCH
 LICENSE SHALL BE ISSUED TO ALL APPLICANTS EXCEPT FOR GOOD CAUSE SHOWN.
   3. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
 INFORMATION  AS  SHALL  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY
 AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT  REQUIRED  BY
 THIS ARTICLE FOR SUCH LICENSE.
   4.  SUCH  LICENSE SHALL, IN FORM AND IN SUBSTANCE, BE A LICENSE TO THE
 PERSON SPECIFICALLY LICENSED TO SELL LIQUOR AT  RETAIL  TO  BE  CONSUMED
 UPON  THE  PREMISES.  SUCH  LICENSE  SHALL  ALSO  BE DEEMED TO INCLUDE A
 LICENSE TO SELL WINE AND BEER AT RETAIL TO BE CONSUMED  UNDER  THE  SAME
 TERMS AND CONDITIONS WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE.
   5.  SUCH  LICENSE  SHALL WAIVE ANY REQUIREMENT OF PREPARED OR NON-PRE-
 PARED FOOD TO BE AVAILABLE ON  PREMISES.  FOOD  CANNOT  BE  PREPARED  OR
 SERVED BY A LICENSEE.
   6.  SUCH  LICENSE SHALL REQUIRE THAT A CIGAR LOUNGE STOCK LIQUOR, BEER
 AND WINE PRODUCTS PRODUCED IN NEW YORK STATE AS AT LEAST FIVE PERCENT OF
 ITS LIQUOR, BEER AND WINE SELECTIONS, PROVIDED THAT THESE  PRODUCTS  ARE
 READILY AVAILABLE TO THE CIGAR LOUNGE.
   7.  ALL APPLICANTS FOR EMPLOYMENT AT A CIGAR LOUNGE SHALL BE PRESENTED
 WITH A WRITTEN NOTICE THAT STATES THAT WORKING IN  A  CIGAR  LOUNGE  HAS
 SERIOUS AND PERMANENT NEGATIVE HEALTH EFFECTS, INCLUDING, BUT NOT LIMIT-
 ED  TO, AN INCREASED RISK OF CANCER AND HEART DISEASE, AND THAT NO LEVEL
 OF EXPOSURE TO SECOND-HAND SMOKE IS SAFE.
   § 3. Section 66 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11. THE ANNUAL FEE FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMP-
 TION  ON  PREMISES IN A CIGAR LOUNGE SHALL BE ONE THOUSAND SEVEN HUNDRED
 NINETY-TWO DOLLARS PER YEAR.
   § 4. The labor law is amended by adding a new section 202-n to read as
 follows:
   § 202-N. CIGAR LOUNGE EMPLOYEES; TOBACCO SMOKE EXPOSURE  NOTIFICATION.
 A  CIGAR  LOUNGE,  AS DEFINED IN SECTION THREE OF THE ALCOHOLIC BEVERAGE
 CONTROL LAW, SHALL PROVIDE WRITTEN NOTICE TO ALL  EMPLOYEES  AND  APPLI-
 CANTS  FOR  EMPLOYMENT  THAT WORKING IN A CIGAR LOUNGE MAY CAUSE SERIOUS
 NEGATIVE HEALTH EFFECTS, INCLUDING AN INCREASED RISK OF CANCER AND HEART
 DISEASE AND THAT NO LEVEL OF EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE  IS
 SAFE.
   § 5. This act shall take effect immediately.