S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2961
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of  A. WOERNER, BUTTENSCHON, TAPIA, DICKENS, SAYEGH,
   SMULLEN, McDONOUGH, BRABENEC, STECK, SILLITTI, RAMOS -- read once  and
   referred to the Committee 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 CIGARS; (B) GENERATES SIXTY PERCENT OR
 MORE  OF ITS QUARTERLY ADJUSTED GROSS REVENUE FROM THE SALE OF CIGAR-RE-
 LATED 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 CAPACITY 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.
                                                            LBD06300-02-3
 A. 2961                             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-f to read as follows:
   § 64-F. 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
 MAY MAKE AN APPLICATION TO THE AUTHORITY 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. FOOD CANNOT BE PREPARED OR SERVED BY A LICENSEE.
   6. SUCH LICENSE SHALL REQUIRE THAT A CIGAR LOUNGE STOCK LIQUOR,  WINE,
 BEER,  CIDER,  AND  WINE PRODUCTS PRODUCED IN NEW YORK STATE AS AT LEAST
 FIVE PERCENT OF ITS LIQUOR, BEER AND WINE SELECTIONS.
   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.
   8.  SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL THE PROCEDURE, SO
 FAR AS APPLICABLE, IN CONNECTION WITH SUCH APPLICATION.
   9.(A) NO CIGAR LOUNGE LICENSE SHALL BE GRANTED FOR ANY PREMISES  WHICH
 SHALL BE:
   (I)  ON  THE  SAME  STREET  OR AVENUE AND WITHIN TWO HUNDRED FEET OF A
 BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
 PLACE OF WORSHIP; OR
   (II) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
 OR  MORE  WITHIN  FIVE  HUNDRED  FEET OF THREE OR MORE EXISTING PREMISES
 LICENSED AND OPERATING  PURSUANT  TO  PROVISIONS  OF  THIS  SECTION  AND
 SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-B,  SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR
 SIXTY-FOUR-E OF THIS ARTICLE.
   (B) THE MEASUREMENTS IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION ARE TO BE TAKEN IN STRAIGHT LINES FROM  THE  CENTER  OF
 THE NEAREST ENTRANCE OF THE PREMISES SOUGHT TO BE LICENSED TO THE CENTER
 OF THE NEAREST ENTRANCE OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
 OF  WORSHIP  OR TO THE CENTER OF THE NEAREST ENTRANCE OF EACH SUCH PREM-
 ISES LICENSED AND  OPERATING  PURSUANT  TO  THIS  SECTION  AND  SECTIONS
 SIXTY-FOUR, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D AND/OR SIXTY-FOUR-E
 OF  THIS ARTICLE; EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES
 AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY
 FROM A DATE PRIOR TO THE DATE WHEN A BUILDING  ON  THE  SAME  STREET  OR
 AVENUE  AND  WITHIN  TWO HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED
 EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER  PLACE  OF  WORSHIP;
 A. 2961                             3
 
 AND  EXCEPT  THAT  NO  LICENSE SHALL BE DENIED TO ANY PREMISES, WHICH IS
 WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND
 OPERATING  PURSUANT   TO   THIS   SECTION   AND   SECTIONS   SIXTY-FOUR,
 SIXTY-FOUR-B,  SIXTY-FOUR-C,  AND/OR  SIXTY-FOUR-D  OF  THIS ARTICLE, AT
 WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY ON
 OR PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED  NINETY-THREE.  THE  LIQUOR
 AUTHORITY,  IN  ITS  DISCRETION,  MAY  AUTHORIZE THE REMOVAL OF ANY SUCH
 LICENSED PREMISES TO A DIFFERENT LOCATION ON THE SAME STREET OR  AVENUE,
 WITHIN TWO HUNDRED FEET OF SAID SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
 OF  WORSHIP,  PROVIDED  THAT  SUCH  NEW  LOCATION IS NOT WITHIN A CLOSER
 DISTANCE TO SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
   (C) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE"  SHALL
 MEAN  A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
 AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS  SIXTY-FOUR,  SIXTY-
 FOUR-B,  SIXTY-FOUR-C,  AND/OR  SIXTY-FOUR-D  OF  THIS ARTICLE OR OF THE
 PREMISES SOUGHT TO BE  LICENSED,  REGULARLY  USED  TO  GIVE  INGRESS  TO
 STUDENTS  OF  THE  SCHOOL,  TO THE GENERAL PUBLIC ATTENDING THE PLACE OF
 WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED AND OPERATING
 PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,  SIXTY-FOUR-B,  SIXTY-
 FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE OR OF THE PREMISES SOUGHT TO
 BE  LICENSED, EXCEPT THAT WHERE A SCHOOL OR HOUSE OF WORSHIP OR PREMISES
 LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
 SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR  SIXTY-FOUR-E  OF  THIS
 ARTICLE  OR THE PREMISES SOUGHT TO BE LICENSED IS SET BACK FROM A PUBLIC
 THOROUGHFARE, THE WALKWAY OR STAIRS LEADING TO ANY SUCH  DOOR  SHALL  BE
 DEEMED  AN ENTRANCE; AND THE MEASUREMENT SHALL BE TAKEN TO THE CENTER OF
 THE WALKWAY OR STAIRS AT THE POINT WHERE IT MEETS THE BUILDING  LINE  OR
 PUBLIC  THOROUGHFARE. A DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS
 USED SOLELY AS AN EMERGENCY OR FIRE EXIT, OR FOR  MAINTENANCE  PURPOSES,
 OR  WHICH  LEADS  DIRECTLY TO A PART OF A BUILDING NOT REGULARLY USED BY
 THE GENERAL PUBLIC OR PATRONS, IS NOT DEEMED AN "ENTRANCE".
   § 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.