STATE OF NEW YORK ________________________________________________________________________ 11337 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. LBD16041-02-8A. 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.