Bill Text: NY S06055 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits public display of tobacco advertisements and smoking paraphernalia within one thousand feet of child-friendly institutions; defines terms; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO HEALTH [S06055 Detail]

Download: New_York-2019-S06055-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019

        Introduced  by  Sen.  BROOKS -- 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 prohibiting public
          display of tobacco advertisements and smoking paraphernalia within one
          thousand feet of child-friendly institutions

          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    (d) "Child-friendly institution" means any area or place  where  chil-
    22  dren  have  a  reasonable  expectation  of being free of advertising and
    23  distribution of tobacco products, including, but not limited to: public,
    24  private or charter schools, movie  theaters,  arcades  or  other  gaming

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6055                             2

     1  facilities,  public  libraries,  bowling alleys, amusement parks, recre-
     2  ation centers and playgrounds.
     3    2.  (a)  It  shall  be  unlawful  for any person to place, cause to be
     4  placed, to maintain or to cause to be maintained, smoking  paraphernalia
     5  or  tobacco advertisements in a storefront window or any exterior window
     6  or any door which is used for entry or  egress  by  the  public  to  the
     7  building  or  structure  containing  a  place of business; provided such
     8  business is located within one thousand feet  of  child-friendly  insti-
     9  tutions.
    10    (b)  The  provisions  of this subdivision shall not apply to a tobacco
    11  business.
    12    (c) Each violation of this subdivision shall be punishable by a  civil
    13  penalty of not more than five hundred dollars.
    14    §  2.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law.