S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3628
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to  excluding  patios
   and  other  outdoor  areas  on  the premises of any entity licensed to
   operate a video lottery gaming facility from restrictions of the Clean
   Indoor Air act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (i) and (j) of subdivision 1 of section 1399-q
 of the public health law, paragraph (i) as amended and paragraph (j)  as
 added by chapter 92 of the laws of 2021, are amended and a new paragraph
 (k) is added to read as follows:
   (i)  Retail  electronic  cigarette stores, provided however, that such
 stores may only permit the use of electronic cigarettes; [and]
   (j) Adult-use on-site  consumption  premises  authorized  pursuant  to
 article  four of the cannabis law, provided however, that such locations
 may only permit the smoking or vaping of cannabis[.]; AND
   (K) PATIOS AND OTHER OUTDOOR AREAS  ON  THE  PREMISES  OF  ANY  ENTITY
 LICENSED  TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO SECTION
 ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW WHICH ARE COVERED BY
 A ROOF OR OTHER CEILING ENCLOSURE; PROVIDED THAT SUCH COVERED  PATIO  OR
 OTHER  OUTDOOR  AREA  MUST  BE CLEARLY DESIGNATED AS A SMOKING AREA, AND
 MUST EITHER (I) BE COMPLETELY OPEN ON AT LEAST ONE SIDE, WITH NO WALL ON
 ONE SIDE, OR (II) BE OPEN ON TWO OR MORE SIDES, WITH  PARTIAL  WALLS  ON
 THE  TWO OR MORE OPEN SIDES TO THE HEIGHT OF NOT MORE THAN FIFTY PERCENT
 OF THE DISTANCE BETWEEN THE FLOOR AND CEILING. AIR  PERMEABLE  MATERIALS
 WHICH  FUNCTION  AS  A  WEATHER BARRIER AND WHICH DO NOT PROVIDE A RIGID
 PARTITION SHALL BE DISREGARDED FOR PURPOSES  OF  DETERMINING  WHETHER  A
 COVERED  PATIO  OR OTHER OUTDOOR AREA IS OPEN ON ONE, TWO OR MORE SIDES.
 JURISDICTION IN ALL MATTERS PERTAINING TO A SMOKING AREA ON  PATIOS  AND
 OTHER  OUTDOOR AREAS ON THE PREMISES OF ANY ENTITY LICENSED TO OPERATE A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08218-01-3
              

 A. 3628                             2
 
 VIDEO LOTTERY GAMING FACILITY  PURSUANT  TO  SECTION  ONE  THOUSAND  SIX
 HUNDRED  SEVENTEEN-A  OF THE TAX LAW IN THIS STATE IS VESTED EXCLUSIVELY
 IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR  ANY  RULE
 OR  REGULATION  PROMULGATED  THERETO, GOVERNING OR PROHIBITING A SMOKING
 AREA ON PATIOS AND OTHER OUTDOOR AREAS ON THE  PREMISES  OF  ANY  ENTITY
 LICENSED  TO OPERATE A VIDEO LOTTERY GAMING FACILITY PURSUANT TO SECTION
 ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW IN THE STATE  SHALL,
 UPON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWEN-
 TY-THREE WHICH ADDED THIS PARAGRAPH, BE PREEMPTED.
   § 2. This act shall take effect immediately.