S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6742
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11089-01-1
              

 S. 6742                             2
 
 SALE AND THAT HAS FACILITIES TO PROPERLY SECURE ANY STOCK  OF  ALCOHOLIC
 BEVERAGES.
   §  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.