Bill Text: NY A02939 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the sale of tobacco products at vending stands or in vending machines in state buildings.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A02939 Detail]

Download: New_York-2019-A02939-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2939
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M.  of  A.  BICHOTTE, ORTIZ, JAFFEE, D'URSO, RICHARDSON,
          GOTTFRIED -- Multi-Sponsored by -- M. of A. GALEF, SIMON -- read  once
          and referred to the Committee on Governmental Operations
        AN ACT to amend the public buildings law, in relation to prohibiting the
          sale  of tobacco products at vending stands leasing space and in vend-
          ing machines in a state building
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  (a) and (b) of subdivision 13 of section 3 of
     2  the public buildings law, paragraph (a) as added by chapter  83  of  the
     3  laws  of 1995 and paragraph (b) as amended by chapter 265 of the laws of
     4  2013, are amended to read as follows:
     5    (a) In his or her discretion, lease space in any  public  building  or
     6  other  premises  under  his  or her supervision and control, pursuant to
     7  this article, to any person, firm or corporation, for the  operation  of
     8  restaurants,  retail  stores, vending stands for the sale of newspapers,
     9  periodicals, confections[, tobacco products]  and  such  other  articles
    10  that  are  not  tobacco products, as may be approved by the commissioner
    11  for each stand, and for bootblack  service.  Any  such  lease  shall  be
    12  subject  to  such terms and conditions as he or she may deem proper, but
    13  for a term not exceeding five years, except that the  commissioner  may,
    14  in  his  or  her discretion, lease space for a term of not more than ten
    15  years where extensive renovation or repair  to  or  improvement  of  the
    16  space  is  required  of or by the lessee and the commissioner determines
    17  that it is reasonable for the costs thereof to be amortized over a  term
    18  greater  than five years. Nothing herein shall restrict the commissioner
    19  from providing in any such lease for its renewal or  extension,  at  the
    20  commissioner's  option,  for  terms  of  five years or less. However, in
    21  order to provide blind persons  with  remunerative  employment,  enlarge
    22  their  economic  opportunities  and facilitate their efforts to be self-
    23  supporting, whenever feasible, permits  shall  be  given  to  the  state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00370-01-9

        A. 2939                             2
     1  department  of  social  services for the operation of vending stands and
     2  machines.
     3    (b)  Issue  to the office of children and family services a permit for
     4  any of the purposes mentioned in this subdivision to be  operated  by  a
     5  blind  person  or  persons as defined in subdivision four of section two
     6  hundred eight of the social services law or for the operation of vending
     7  machines and similar  devices  dispensing  food,  confections,  [tobacco
     8  products,]  coffee, tea, milk, soft drinks and such other articles, that
     9  are not tobacco products, as may be approved by him or her in  consulta-
    10  tion with the office of children and family services, for the benefit of
    11  the general purposes of the business enterprise program for the blind of
    12  the office of children and family services commission for the blind, and
    13  upon  such  terms and conditions as the commissioner may deem proper but
    14  without provision for payment of rent or other  consideration  for  such
    15  permits,  and  for  a term not exceeding five years, which permit may be
    16  extended and renewed. Such permit shall include a provision  authorizing
    17  the  office  of  children and family services to assign or transfer such
    18  permit to a blind person or persons, as  herein  referred  to,  for  the
    19  purposes  aforesaid,  and it shall also provide that the office of chil-
    20  dren and family services shall send to the commissioner a notice of  any
    21  assignment  or  transfer  as  aforesaid, which notice shall contain such
    22  information as the  commissioner  shall  require.  The  permit  and  any
    23  assignment  or transfer thereof shall reserve (i) to the office of chil-
    24  dren and family services the power of supervision over the  conduct  and
    25  operation  of  the premises covered thereby and (ii) to the commissioner
    26  of general services the right to revoke such permit or the assignment or
    27  transfer thereof upon the mailing to  the  last  known  address  of  the
    28  assignee  or assignees a notice of such revocation to be effected within
    29  such period of time as the commissioner shall deem to be reasonable.
    30    § 2. This act shall take effect immediately; provided,  however,  that
    31  the  provisions  of  this  act  shall not apply to any lease, renewal or
    32  extension of leased space entered into, or permit for the operation of a
    33  vending machine issued prior to such effective date.
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