S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1025
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the public buildings law, in relation to prohibiting the
   sale of tobacco products at vending stands leasing space and in  vend-
   ing machines in a state building

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 13 of  section  3  of
 the  public  buildings  law, paragraph (a) as added by chapter 83 of the
 laws of 1995 and paragraph (b) as amended by chapter 265 of the laws  of
 2013, are amended to read as follows:
   (a)  In  his  or her discretion, lease space in any public building or
 other premises under his or her supervision  and  control,  pursuant  to
 this  article,  to any person, firm or corporation, for the operation of
 restaurants, retail stores, vending stands for the sale  of  newspapers,
 periodicals,  confections[,  tobacco  products]  and such other articles
 THAT ARE NOT TOBACCO PRODUCTS, as may be approved  by  the  commissioner
 for  each  stand,  and  for  bootblack  service. Any such lease shall be
 subject to such terms and conditions as he or she may deem  proper,  but
 for  a  term not exceeding five years, except that the commissioner may,
 in his or her discretion, lease space for a term of not  more  than  ten
 years  where  extensive  renovation  or  repair to or improvement of the
 space is required of or by the lessee and  the  commissioner  determines
 that  it is reasonable for the costs thereof to be amortized over a term
 greater than five years. Nothing herein shall restrict the  commissioner
 from  providing  in  any such lease for its renewal or extension, at the
 commissioner's option, for terms of five  years  or  less.  However,  in
 order  to  provide  blind  persons with remunerative employment, enlarge
 their economic opportunities and facilitate their efforts  to  be  self-
 supporting,  whenever  feasible,  permits  shall  be  given to the state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01190-01-3
 A. 1025                             2
              

 
 department of social services for the operation of  vending  stands  and
 machines.
   (b)  Issue  to the office of children and family services a permit for
 any of the purposes mentioned in this subdivision to be  operated  by  a
 blind  person  or  persons as defined in subdivision four of section two
 hundred eight of the social services law or for the operation of vending
 machines and similar  devices  dispensing  food,  confections,  [tobacco
 products,]  coffee, tea, milk, soft drinks and such other articles, THAT
 ARE NOT TOBACCO PRODUCTS, as may be approved by him or her in  consulta-
 tion with the office of children and family services, for the benefit of
 the general purposes of the business enterprise program for the blind of
 the office of children and family services commission for the blind, and
 upon  such  terms and conditions as the commissioner may deem proper but
 without provision for payment of rent or other  consideration  for  such
 permits,  and  for  a term not exceeding five years, which permit may be
 extended and renewed. Such permit shall include a provision  authorizing
 the  office  of  children and family services to assign or transfer such
 permit to a blind person or persons, as  herein  referred  to,  for  the
 purposes  aforesaid,  and it shall also provide that the office of chil-
 dren and family services shall send to the commissioner a notice of  any
 assignment  or  transfer  as  aforesaid, which notice shall contain such
 information as the  commissioner  shall  require.  The  permit  and  any
 assignment  or transfer thereof shall reserve (i) to the office of chil-
 dren and family services the power of supervision over the  conduct  and
 operation  of  the premises covered thereby and (ii) to the commissioner
 of general services the right to revoke such permit or the assignment or
 transfer thereof upon the mailing to  the  last  known  address  of  the
 assignee  or assignees a notice of such revocation to be effected within
 such period of time as the commissioner shall deem to be reasonable.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  provisions  of  this  act  shall not apply to any lease, renewal or
 extension of leased space entered into, or permit for the operation of a
 vending machine issued prior to such effective date.