Bill Text: NY A02763 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

Spectrum: Moderate Partisan Bill (Democrat 32-6)

Status: (Introduced - Dead) 2020-01-09 - print number 2763a [A02763 Detail]

Download: New_York-2019-A02763-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2763--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2019
                                       ___________

        Introduced  by M. of A. FERNANDEZ, BURKE, D. ROSENTHAL, JAFFEE, BUTTENS-
          CHON, SIMON, GRIFFIN, D'URSO, ORTIZ, FALL,  PICHARDO,  HUNTER,  GLICK,
          DeSTEFANO,  DAVILA  --  Multi-Sponsored  by -- M. of A. COOK, SALKA --
          read once and referred to the Committee on Health  --  recommitted  to
          the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN ACT to amend the public health law, in relation to prohibiting public
          display of tobacco and electronic cigarette advertisements and smoking
          paraphernalia within five hundred feet of schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  1399-dd-1 to read as follows:
     3    §  1399-dd-1.    Public  display  of  tobacco and electronic cigarette
     4  advertisements and smoking paraphernalia prohibited. 1. For purposes  of
     5  this section:
     6    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
     7  graphics or visual images of any kind, or any combination thereof, which
     8  bear a health warning required by federal statute, the purpose or effect
     9  of which is to identify a brand of a tobacco product or electronic ciga-
    10  rette, a trademark of a tobacco product or  electronic  cigarette  or  a
    11  trade  name  associated exclusively with a tobacco product or electronic
    12  cigarette, or to promote the use or sale of a tobacco product  or  elec-
    13  tronic cigarette.
    14    (b)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
    15  ing papers, vaporizer  or  any  other  device,  equipment  or  apparatus
    16  designed for the inhalation of tobacco or nicotine.
    17    2.  (a)  It  shall  be  unlawful  for any person to place, cause to be
    18  placed, to maintain or to cause to be maintained, smoking  paraphernalia
    19  or  tobacco  or  electronic  cigarette  advertisements  in a store front

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03767-06-9
        A. 2763--A                          2

     1  window or any exterior window or any door which is  used  for  entry  or
     2  egress  by the public to the building or structure containing a place of
     3  business; provided such business is located within five hundred feet  of
     4  a public or private school.
     5    (b)  Each violation of this subdivision shall be punishable by a civil
     6  penalty of not more than five hundred dollars.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have become a law.