Bill Text: NY A11337 | 2017-2018 | General Assembly | Introduced

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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-09-19 - referred to health [A11337 Detail]

Download: New_York-2017-A11337-Introduced.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                   September 19, 2018
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
          -- read once and referred to the Committee on Health
        AN ACT to amend the public health law, in relation to prohibiting public
          display of tobacco 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. Article 13-F of the public health law is amended by  adding
     2  a new section 1399-ddd to read as follows:
     3    §  1399-ddd.  Public  display  of  tobacco  advertisements and smoking
     4  paraphernalia prohibited. 1. For purposes of this section:
     5    (a)  "Tobacco  advertisement"  means  words,  pictures,   photographs,
     6  symbols, graphics or visual images of any kind, or any combination ther-
     7  eof,  which  bear  a  health  warning  required  by federal statute, the
     8  purpose or effect of which is to identify a brand of a tobacco  product,
     9  a  trademark of a tobacco product or a trade name associated exclusively
    10  with a tobacco product, or to promote the use or sale of a tobacco prod-
    11  uct.
    12    (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
    13  ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
    14  designed for the inhalation of tobacco or nicotine.
    15    (c) "Tobacco  business"  means  a  sole  proprietorship,  corporation,
    16  limited  liability company, partnership or other enterprise in which the
    17  primary activity is the  sale,  manufacture  or  promotion  of  tobacco,
    18  tobacco  products and accessories, either at wholesale or retail, and in
    19  which the sale, manufacture or promotion of  other  products  is  merely
    20  incidental.
    21    2.  (a)  It  shall  be  unlawful  for any person to place, cause to be
    22  placed, to maintain or to cause to be maintained, smoking  paraphernalia
    23  or tobacco advertisements in a store front window or any exterior window
    24  or  any  door  which  is  used  for entry or egress by the public to the
    25  building or structure containing a  place  of  business;  provided  such
    26  business is located within five hundred feet of a public school or char-
    27  ter school.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 11337                            2
     1    (b)  The  provisions  of this subdivision shall not apply to a tobacco
     2  business.
     3    (c)  Each violation of this subdivision shall be punishable by a civil
     4  penalty of not more than five hundred dollars.
     5    § 2. This act shall take effect on the thirtieth day  after  it  shall
     6  have become a law.