Bill Text: NY S04249 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to prohibited locations for new retail electronic cigarette stores and tobacco businesses.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-14 - REPORTED AND COMMITTED TO RULES [S04249 Detail]

Download: New_York-2019-S04249-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4249
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 5, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend  the  public  health  law,  in  relation  to  prohibited
          locations for retail electronic cigarette stores
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1399-aa of the public  health  law  is  amended  by
     2  adding a new subdivision 14 to read as follows:
     3    14.  "Retail  electronic cigarette store" means a retail store devoted
     4  primarily to the sale of electronic cigarettes, and in which the sale of
     5  other products is incidental. The sale of such other products  shall  be
     6  considered  incidental  if  such  sales  generate  less than twenty-five
     7  percent of the total annual gross sales.
     8    § 2. The public  health  law  is  amended  by  adding  a  new  section
     9  1399-mm-1 to read as follows:
    10    § 1399-mm-1. Retail electronic cigarette stores; prohibited locations.
    11  1. No retail electronic cigarette store shall be located:
    12    (a)  on  the  same  street or avenue and within one thousand feet of a
    13  building occupied exclusively as a school, church,  synagogue  or  other
    14  place of worship;
    15    (b)  in  a  city  within  one  thousand feet of three or more existing
    16  retail electronic cigarette stores; or
    17    (c) in a town or village within a two square mile  area  of  three  or
    18  more existing retail electronic cigarette stores.
    19    2.  The measurements in paragraphs (a), (b) and (c) of subdivision one
    20  of this section are to be taken in straight lines from the center of the
    21  nearest entrance of the premises sought to be licensed to the center  of
    22  the nearest entrance of such school, church, synagogue or other place of
    23  worship  or  to  the center of the nearest entrance of each retail elec-
    24  tronic cigarette store.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09776-03-9
        S. 4249                             2
     1    3. Within the context of this section, the word "entrance" shall  mean
     2  a  door  of  a  school, of a house of worship, or of a retail electronic
     3  cigarette store, regularly used to  give  ingress  to  students  of  the
     4  school,  to  the  general  public attending the place of worship, and to
     5  patrons  or  guests  of a retail electronic cigarette store, except that
     6  where a school or house of worship or retail electronic cigarette  store
     7  is set back from a public thoroughfare, the walkway or stairs leading to
     8  any  such door shall be deemed an entrance; and the measurement shall be
     9  taken to the center of the walkway or stairs at the point where it meets
    10  the building line or public thoroughfare. A door which has  no  exterior
    11  hardware,  or  which is used solely as an emergency or fire exit, or for
    12  maintenance purposes, or which leads directly to a part  of  a  building
    13  not  regularly  used  by the general public or patrons, is not deemed an
    14  "entrance".
    15    4. Within the context of this section, a building occupied as a  place
    16  of  worship  does  not  cease to be "exclusively" occupied as a place of
    17  worship by incidental uses that are not of a nature to detract from  the
    18  predominant  character  of the building as a place of worship, such uses
    19  which include, but which are not limited  to:  the  conduct  of  legally
    20  authorized  games  of  bingo or other games of chance held as a means of
    21  raising  funds  for  the  not-for-profit  religious  organization  which
    22  conducts  services  at  the place of worship or for other not-for-profit
    23  organizations or groups; use of the building  for  fundraising  perform-
    24  ances  by or benefitting the not-for-profit religious organization which
    25  conducts services at the place of worship or other not-for-profit organ-
    26  izations or groups; the use of the building by other religious organiza-
    27  tions or groups for religious services or other purposes; the conduct of
    28  social activities by or for the benefit of the congregants; the  use  of
    29  the  building  for  meetings  held  by organizations or groups providing
    30  bereavement counseling to persons having suffered the loss  of  a  loved
    31  one,  or  providing advice or support for conditions or diseases includ-
    32  ing, but not limited to, alcoholism, drug  addiction,  cancer,  cerebral
    33  palsy,  Parkinson's  disease,  or  Alzheimer's  disease;  the use of the
    34  building for blood drives, health screenings, health  information  meet-
    35  ings,  yoga  classes,  exercise  classes or other activities intended to
    36  promote the health of the congregants or other persons; and use  of  the
    37  building  by  non-congregant members of the community for private social
    38  functions. The building occupied as a place of worship does not cease to
    39  be "exclusively" occupied as a place of worship where the not-for-profit
    40  religious organization  occupying  the  place  of  worship  accepts  the
    41  payment  of  funds to defray costs related to another party's use of the
    42  building.
    43    § 3. This act shall take effect immediately.