S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8911
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by M. of A. 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.  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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06300-06-4
              

 A. 8911                             2
 
 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 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;
 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
 A. 8911                             3
 
 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.