§ 1399-s. Violations. 1. It shall be unlawful for any person, firm,
limited liability company, corporation or other entity that owns,
manages, operates or otherwise controls the use of an area in which
smoking and vaping is prohibited or restricted pursuant to section
thirteen hundred ninety-nine-o of this article to fail to comply with
the provisions of this article. For violations of this subdivision, it
shall be an affirmative defense that during the relevant time period
actual control of the area was not exercised by the respondent, but
rather by a lessee, the sublessee or any other person. To establish an
affirmative defense, the respondent shall submit an affidavit and may
submit any other relevant proof indicating that the respondent did not
exercise actual control of said area during the relevant time period.
Such affidavit and other proof shall be mailed by certified mail to the
appropriate enforcement officer within thirty days of receipt of such
notice of violation.

2. It shall be unlawful for an employer whose place of employment is
subject to subdivision one of section thirteen hundred ninety-nine-o of
this article to fail to comply with the provisions of such subdivision.
For violations of such subdivision, it shall be an affirmative defense
that the employer has made good faith efforts to ensure that employees
comply with the provisions of this article.

3. It shall be unlawful for any person to smoke or vape in any area
where smoking and vaping is prohibited or restricted under section
thirteen hundred ninety-nine-o of this article.