Bill Text: NY S03406 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits advertisements for electronic cigarettes, liquid nicotine and hookah tobacco within five hundred feet of a school or park.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S03406 Detail]

Download: New_York-2019-S03406-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3406
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law,  in  relation  to  prohibiting
          advertisements  for  electronic cigarettes, liquid nicotine and hookah
          tobacco within five hundred feet of a school or park
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  396-aaa to read as follows:
     3    §  396-aaa.  Prohibition  of electronic cigarettes, liquid nicotine or
     4  hookah tobacco advertisements near schools and parks. 1. For purposes of
     5  this section, the following words shall have the following meanings:
     6    a. "electronic cigarette" shall mean an electronic device that  deliv-
     7  ers  vapor which is inhaled by an individual user, and shall include any
     8  refill cartridge and any other component of such a device;
     9    b. "liquid nicotine" shall mean a  liquid  composed  of  nicotine  and
    10  other  chemicals  and  which is sold as a product that may be used in an
    11  electronic cigarette; and
    12    c. "hookah tobacco" shall mean any product made primarily  of  tobacco
    13  or  other  leaf,  or  any  combination thereof, smoked or intended to be
    14  smoked in a hookah or water pipe, including Shisha.
    15    2. Notwithstanding any other provision of law, no person, corporation,
    16  partnership, sole proprietor, limited partnership,  association  or  any
    17  other  business  entity  shall  advertise  or provide in any way for the
    18  advertisement of electronic cigarettes, liquid nicotine or hookah tobac-
    19  co in any outdoor area within five hundred feet of any park  or  school,
    20  or within the interior of any building or structure which is within five
    21  hundred  feet  of  any  park or school when such advertisement is within
    22  five feet of any exterior window or any door which is used for entry  or
    23  egress  to  the  building  or  structure by the public; except that such
    24  advertisement maybe placed or maintained in the  interior  of  any  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09592-01-9

        S. 3406                             2
     1  premises  where  it  is  parallel to such windows or entryways and faces
     2  inward or are affixed to a wall panel or similar fixture that is perpen-
     3  dicular to such window or entryway.
     4    3. Any person corporation, partnership, sole proprietor, limited part-
     5  nership,  association  or any other business entity in violation of this
     6  section shall be subject to a civil fine of not more than  five  hundred
     7  dollars for a first violation and not more than one thousand dollars for
     8  a second or subsequent violation.
     9    § 2. This act shall take effect immediately.
feedback