Bill Text: NY A03628 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A03628 Detail]

Download: New_York-2023-A03628-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3628

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section  1.  Paragraphs (i) and (j) of subdivision 1 of section 1399-q
     2  of the public health law, paragraph (i) as amended and paragraph (j)  as
     3  added by chapter 92 of the laws of 2021, are amended and a new paragraph
     4  (k) is added to read as follows:
     5    (i)  Retail  electronic  cigarette stores, provided however, that such
     6  stores may only permit the use of electronic cigarettes; [and]
     7    (j) Adult-use on-site  consumption  premises  authorized  pursuant  to
     8  article  four of the cannabis law, provided however, that such locations
     9  may only permit the smoking or vaping of cannabis[.]; and
    10    (k) Patios and other outdoor areas  on  the  premises  of  any  entity
    11  licensed  to operate a video lottery gaming facility pursuant to section
    12  one thousand six hundred seventeen-a of the tax law which are covered by
    13  a roof or other ceiling enclosure; provided that such covered  patio  or
    14  other  outdoor  area  must  be clearly designated as a smoking area, and
    15  must either (i) be completely open on at least one side, with no wall on
    16  one side, or (ii) be open on two or more sides, with  partial  walls  on
    17  the  two or more open sides to the height of not more than fifty percent
    18  of the distance between the floor and ceiling. Air  permeable  materials
    19  which  function  as  a  weather barrier and which do not provide a rigid
    20  partition shall be disregarded for purposes  of  determining  whether  a
    21  covered  patio  or other outdoor area is open on one, two or more sides.
    22  Jurisdiction in all matters pertaining to a smoking area on  patios  and
    23  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

     1  video lottery gaming facility  pursuant  to  section  one  thousand  six
     2  hundred  seventeen-a  of the tax law in this state is vested exclusively
     3  in the state. Any provision of any local law or ordinance, or  any  rule
     4  or  regulation  promulgated  thereto, governing or prohibiting a smoking
     5  area on patios and other outdoor areas on the  premises  of  any  entity
     6  licensed  to operate a video lottery gaming facility pursuant to section
     7  one thousand six hundred seventeen-a of the tax law in the state  shall,
     8  upon the effective date of the chapter of the laws of two thousand twen-
     9  ty-three which added this paragraph, be preempted.
    10    § 2. This act shall take effect immediately.