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Using smokeless tobacco is prohibited at all times at sports arenas and recreational areas if seating or standing room is assigned by issuance of tickets for any event held at such arenas and areas.
(L.L. 2016/042, 4/6/2016, eff. 4/6/2016)
a. Smoking, and using electronic cigarettes, are prohibited in those indoor areas of places of employment to which the general public does not generally have access. This section shall not prohibit smoking, or using electronic cigarettes, in any area where smoking, or using electronic cigarettes, is not regulated pursuant to section 17-505.
b. [Repealed.]
c. Smoking, and using electronic cigarettes, are prohibited in company vehicles occupied by more than one person. Smoking, and using electronic cigarettes, are prohibited in all vehicles owned by the city of New York.
d. No employer shall take any retaliatory adverse personnel action against any employee or applicant for employment on the basis of such person's exercise, or attempt to exercise, his or her rights under this chapter with respect to the place of employment. Such adverse personnel action includes, but is not limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or transfer or assignment or failure to transfer or assign against the wishes of the affected employee. The employer shall establish a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment.
e. By November 1, 1995, every employer subject to the provisions of this chapter shall adopt, implement, make known, maintain and update to reflect any changes, a written smoking and electronic cigarette use policy which shall contain at minimum, the following requirements:
1. The prohibition of smoking, and using electronic cigarettes, except in accordance with the provisions of this chapter and any rules promulgated pursuant thereto, and a description of the smoking restrictions and restrictions on the use of electronic cigarettes adopted or implemented.
2. As set forth in subdivision d of this section, the (A) protection from retaliatory adverse personnel action with respect to all employees or applicants for employment who exercise, or attempt to exercise, any rights granted under such subdivision; and (B) the establishment of a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment.
f. Employers shall prominently post the smoking and electronic cigarette use policy in the workplace, and shall, within three weeks of its adoption and any modification, disseminate the policy to all employees, and to new employees when hired.
g. Employers shall supply a written copy of the smoking and electronic cigarette use policy upon request to any employee or prospective employee.
h. A copy of the smoking and electronic cigarette use policy shall be provided to the department, the department of buildings, the department of consumer and worker protection, the department of environmental protection, the fire department and the department of sanitation upon request.
i. This section shall not be construed to permit smoking, and using electronic cigarettes, in any area in which smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503. Where a place of employment is also a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503, and is not exempt from regulation under section 17-505, smoking, and using electronic cigarettes, shall be prohibited.
j. Nothing in this section shall be construed to impair, diminish, or otherwise affect any collectively bargained procedure or remedy available to an employee, existing as of February 1, 1995, with respect to disputes arising under the employer's smoking policy or with respect to the establishment of a procedure for redress of any adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment. Upon expiration of any such collectively bargained procedure or remedy, the provisions of this section shall take effect.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152 and L.L. 2020/080.
The following areas shall not be subject to the smoking and electronic cigarette restrictions of this chapter; provided however, that nothing in this section shall be construed to permit smoking, or using electronic cigarettes, where smoking, and using electronic cigarettes, are otherwise prohibited or restricted by any other law or rule:
a. [Repealed.]
b. Private residences, except any area of a private residence where a child day care center or health care facility is operated (i) during the times of operation or (ii) during the times when employees are working in such child day care center or health care facility areas; provided, however, that a common area of a multiple dwelling shall be subject to smoking and electronic cigarette use restrictions.
c. Hotel and motel rooms occupied by, or available for, occupancy by guests.
d. [Reserved.]
e. [Reserved.]
f. Private automobiles.
g. Retail tobacco stores.
h. Enclosed rooms in restaurants, bars, catering halls, convention halls, hotel and motel conference rooms, and other such similar facilities during the time these enclosed areas or rooms are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products or electronic cigarettes, and the service of food and drink is incidental to such purpose, provided that the operator of such function shall have provided notice to the department of health and mental hygiene in a form satisfactory to such department at least two weeks before such a function begins, and such notice has identified the dates on which such function shall occur. No such facility may permit smoking, or using electronic cigarettes, under this subdivision for more than five days in any calendar year.
i. Retail electronic cigarette stores; provided however, that such stores may only permit the use of electronic cigarettes.
(Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047 and L.L. 2013/152.
a. Except as may otherwise be provided by rules promulgated by the commissioner, "Smoking" or "No Smoking" signs or the international symbols indicating the same, "Electronic Cigarette Use Permitted" or "Electronic Cigarette Use Prohibited" signs, "No Tobacco Use Permitted" or "Use of Tobacco Products Prohibited" signs, or any other signs necessary to comply with the provisions of this chapter, as applicable, shall be prominently and conspicuously posted where smoking, using electronic cigarettes, or using smokeless tobacco is either prohibited, permitted or otherwise regulated by this chapter, by the owner, operator, manager or other person having control of such area. The size, style and location of such signs shall be determined in accordance with rules promulgated by the commissioner, but in promulgating such rules, the commissioner shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such signs.
b. In addition to the posting of signs as provided in subdivision a, every owner, manager or operator of a theatre which exhibits motion pictures to the public shall show upon the screen for at least five seconds prior to the showing of each feature motion picture, information indicating that smoking, and using electronic cigarettes, are prohibited within the premises.
c. The owner, operator or manager of a hotel or motel that chooses to develop and implement a smoking and electronic cigarette use policy for rooms rented to guests shall post a notice at the reception area of the establishment as to the availability, upon request, of smoke-free and electronic cigarette-free rooms.
d. Ashtrays are prohibited in all smoke-free areas covered by this chapter except (i) ashtrays offered for sale or (ii) ashtrays placed immediately adjacent to hotel and motel elevators and immediately adjacent to public entrances to hotels and motels, provided that such ashtrays are positioned so that second-hand smoke emanating from such ashtrays will not ordinarily activate smoke detectors and provided further that "No Smoking" signs as set forth in subdivision a of this section and in any rules promulgated by the commissioner shall be posted immediately adjacent to such ashtrays.
e. A non-tobacco hookah establishment shall prominently and conspicuously display at its entrance, and in any room or area where non-tobacco smoking products are smoked, a sign warning of the health risks associated with smoking non-tobacco smoking products. The size, style, and content of such signs shall be determined in accordance with rules promulgated by the commissioner.
(Am. L.L. 2016/042, 4/6/2016, eff. 8/4/2016; Am. L.L. 2017/190, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152 and L.L. 2017/190.
a. Adoption of smoking policy.
1. The owner of a class A multiple dwelling shall adopt a smoking policy.
2. The smoking policy shall address all indoor locations of the class A multiple dwelling, including common areas and dwelling units, and all outdoor areas of the premises, including common courtyards, rooftops, balconies, and patios, and any outdoor areas connected to dwelling units.
3. The smoking policy shall apply to tenants, including invitees of tenants, and any other person on the premises.
4. The smoking policy or any material changes thereto shall not be binding on a tenant renting or leasing a dwelling unit during the term of the lease, sublease, or other rental agreement in effect at the time of the adoption of such smoking policy or of any material changes thereto, unless otherwise provided in such lease, sublease, or other rental agreement.
5. The smoking policy or any material changes thereto shall not be binding on any tenant in occupancy of a rent controlled or rent stabilized dwelling unit prior to the adoption of the initial smoking policy required by this section or on any family member who succeeds to the rights of such tenant, as required by subdivision 4 of section 14 of the public housing law.
b. Disclosure of smoking policy.
1. Upon adoption of a smoking policy, the owner of a class A multiple dwelling shall provide a copy of the building's smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building's smoking policy.
2. Except as provided in paragraph 3 of this subdivision, the owner of a class A multiple dwelling shall incorporate the building's smoking policy into any agreement to rent or lease a dwelling unit in such building.
3. In a condominium or cooperative apartment corporation, the condominium unit owner or tenant-shareholder of a cooperative apartment corporation shall incorporate the building's smoking policy into any agreement to rent or purchase the dwelling unit or shares in the cooperative apartment corporation.
4. In a condominium, the board of managers shall incorporate the building's smoking policy into the condominium bylaws or rules.
5. In a cooperative apartment corporation, the board of directors shall incorporate the building's smoking policy into the bylaws or rules of the cooperative apartment corporation.
6. A tenant who is renting or leasing a dwelling unit shall incorporate the building's smoking policy into any agreement to rent or lease the dwelling unit to a subtenant or sublessee.
7. Annual disclosure of the smoking policy. On an annual basis, the owner of a class A multiple dwelling shall provide a copy of the building's smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building's smoking policy.
c. Notification of a material change to smoking policy. The owner of a class A multiple dwelling shall provide notification in writing to all tenants of any material change to the smoking policy or post, in a prominent location within such dwelling, any material change to the smoking policy.
d. Document retention. The owner of a class A multiple dwelling shall make available for inspection by the department copies of the following:
1. the disclosure required by paragraph 1 of subdivision b of this section, or the annual disclosure required by paragraph 7 of subdivision b of this section, for the current year; and
2. each notification of a material change made within the past year pursuant to subdivision c of this section.
(L.L. 2017/147, 8/28/2017, eff. 8/28/2018)
a. The department shall enforce the provisions of this chapter. In addition, designated enforcement employees of the department of buildings, the department of consumer and worker protection, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this chapter.
b. Any person who desires to register a complaint under this chapter may do so with the department.
c. With respect to a public place or place of employment, the operator or employer shall inform, or shall designate an agent who shall be responsible for informing, individuals smoking, using electronic cigarettes, or using smokeless tobacco in restricted areas that they are in violation of this local law; provided, however, that the obligations under this subdivision with respect to an operator of a multiple dwelling shall be limited to (i) those multiple dwellings where an agent is on duty and (ii) designating such agent to be responsible for informing individuals smoking, or using electronic cigarettes, in restricted common indoor areas where such agent is on duty, during the times such agent is on duty, that such individuals are in violation of this local law.
d. Where an owner or building manager of a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503 is not the operator of such public place but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law.
d-1. Where an owner or building manager of a sports arena or recreational area where using smokeless tobacco is prohibited pursuant to section 17-503.1 is not the operator of such arena or area but has an agent on duty in such arena or area, the owner or building manager shall designate such agent to inform individuals using smokeless tobacco (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law.
e. Where an owner or building manager of a building in which a place of employment is located where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-504 is not the operator or employer of such place of employment but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law. Such owner or building manager shall also mail a notice to tenants operating such place of employment, informing such tenants of their obligations under this chapter with respect to such restricted common indoor areas. A copy of the mailed notice shall be provided to the department upon request.
f. The department shall seek to obtain voluntary compliance with this chapter by means of publicity and education programs, and the issuance of warnings, where appropriate.
g. The department of parks and recreation shall have the power to enforce section 17-503 as it relates to property under its jurisdiction.
(Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2013/152 and L.L. 2020/080.
a. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of premises in which smoking, using electronic cigarettes, or using smokeless tobacco is prohibited or restricted pursuant to this chapter, or the designated agent thereof, to (i) provide a room designated for smoking, or using electronic cigarettes, including, but not limited to, a separate smoking room, room for using electronic cigarettes or an enclosed room, which fails to comply with the provisions of this chapter; provided, however, that the obligations of an owner or building manager of a building (where such owner or building manager of a building in which a public place is located is not the operator or employer of such public place) with respect to such a room shall be limited to work authorized by any permits necessary to perform construction obtained by the owner or his or her agent; (ii) fail to post the signs required by section 17-506; (iii) fail to remove ashtrays as required by subdivision d of section 17-506; or (iv) fail to make a good faith effort to comply with subdivisions c, d, d-1, and e of section 17-507. In actions brought for violations of this subdivision, the following shall be affirmative defenses: (i) that during the relevant time period actual control of the premises was not exercised by the respondent or a person under the control of the respondent, but rather by a lessee, sublessee or any other person; provided, however, that after receiving the notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that he or she has not exercised actual control during the relevant time period; (ii) that a person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 was informed by a person who owns, manages, operates or otherwise controls the use of such premises, or the designated agent thereof, that such person smoking, using an electronic cigarette, or using smokeless tobacco is in violation of this local law and that such person who owns, manages, operates or otherwise controls the use of such premises has complied with all applicable provisions of this chapter during the relevant time period; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that respondent informed the person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 that such person was in violation of this local law and that respondent has complied with all applicable provisions of this chapter during the relevant time period; or (iii) that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the owner or building manager of the premises (where such owner or building manager of a building in which a public place or a place of employment is located is not the operator or employer of such public place or place of employment) or by the operator of a multiple dwelling that such person smoking, or using an electronic cigarette, is in violation of this local law because such owner, building manager or operator did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that such owner or building manager has, where applicable, complied with the mailing of a notice required pursuant to subdivision e of section 17-507; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the respondent that such person smoking, or using an electronic cigarette, is in violation of this local law because the respondent did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that the respondent has, where applicable, mailed the notice required pursuant to subdivision e of section 17-507.
b. It shall be unlawful for an employer whose place of employment is subject to regulation under section 17-504 to fail to comply with the provisions of that section, including, but not limited to, those provisions requiring the adoption, implementation, dissemination and maintenance of a written smoking and electronic cigarette use policy which conforms to the requirements of subdivision e of section 17-504, or to fail to make a good faith effort to comply with subdivision c of section 17-507. In actions brought for violations of this subdivision, it shall be an affirmative defense that the employer (i) has made good faith efforts to insure that employees comply with the provisions of such written smoking and electronic cigarette use policy and (ii) has complied with all applicable provisions of this chapter.
c. [Repealed.]
d-1. It shall be unlawful for any owner of a class A multiple dwelling to fail to:
1. adopt a smoking policy as required by subdivision a of section 17-506.1;
2. disclose such policy as required by subdivision b of such section;
3. provide notification of a material change to such policy as required by subdivision c of such section; or
4. make available copies of such policy as required by subdivision d of such section.
d-2. It shall be unlawful for any tenant-shareholder, condominium unit owner, or tenant who rents or leases a dwelling unit to another person to fail to disclose a smoking policy as required by paragraph 3 or 6 of subdivision b of section 17-506.1.
e. 1. Every person who violates subdivisions a or b of this section shall, for a first violation thereof, be liable for a civil penalty of not less than two hundred dollars nor more than four hundred dollars; for a second violation, both of which were committed within a period of twelve months, be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars; and for a third or subsequent violation, all of which were committed within a period of twelve months, be liable for a civil penalty of not less than one thousand dollars nor more than two thousand dollars. Notwithstanding any provision of law in this paragraph to the contrary, where a person prohibits smoking and the use of electronic cigarettes in all indoor places of employment pursuant to subdivision a of section 17-504, and such person is in compliance with subdivision a of section 17-506 of this chapter, a violation of subdivision b of this section by such person for failure to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy in the workplace shall, for a first violation thereof, make such person liable for a civil penalty of fifty dollars; for a second violation thereof, both of which were committed within a period of twelve months, liable for a civil penalty of one hundred dollars; and for a third or subsequent violation thereof, all of which were committed within a period of twelve months, liable for a civil penalty of one hundred fifty dollars.
2. Where a person prohibits smoking and the use of electronic cigarettes in all indoor places of employment pursuant to subdivision a of section 17-504, and such person is in compliance with subdivision a of section 17-506 of this chapter, such person shall not be subject to a civil penalty for a violation of subdivision b of this section for failure to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of this section by failing to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy or any rule or regulation issued thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
3. Every person who violates subdivision d of this section shall be liable for a civil penalty of one hundred dollars for each violation, except that every person who violates subdivision d of this section by smoking, or using an electronic cigarette, in a pedestrian plaza as prohibited by paragraph seven of subdivision c of section 17-503 or in a park or other property under the jurisdiction of the department of parks and recreation as prohibited by paragraph three of subdivision d of section 17-503 shall be liable for a civil penalty of fifty dollars for each violation. Every owner of a class A multiple dwelling who violates subdivision d-1 of this section, and every tenant-shareholder, condominium unit owner and tenant who violates subdivision d-2 of this section, shall be liable for a civil penalty of one hundred dollars for each violation, provided that a violation of paragraph two, three or four of subdivision d-1 shall be considered a single violation regardless of whether such owner failed to disclose a smoking policy, to provide notification of adoption of such policy or a material change to such policy, or to make available copies of such policy to more than one person.
f. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision e of this section shall be commenced by the service of a notice of violation which shall be returnable to the office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, except that a proceeding to recover a civil penalty authorized pursuant to subdivision e for violation of subdivision d by smoking, or using an electronic cigarette, in a pedestrian plaza or in a park or other property under the jurisdiction of the department of parks and recreation, as prohibited by paragraph seven of subdivision c and by paragraph three of subdivision d of section 17-503 respectively, shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, or acting pursuant to section 1049-a of the charter, shall have the power to impose the civil penalties prescribed by subdivision e of this section.
g. Whenever a notice of violation of subdivision a or b of this section is served by a person with power to enforce the provisions of this chapter pursuant to subdivision a of section 17-507, such notice shall, where applicable, include an order which requires the respondent to correct the condition constituting the violation and to file a certification with the department that the condition has been corrected. Such order shall require that the condition be corrected within ten days from the date that the order is issued and that certification of the correction of the condition be filed with the department in a manner and form within such further period of time to be determined in accordance with rules and regulations promulgated by the commissioner.
h. If the administrative tribunal established by the board of health or the environmental control board finds, upon good cause shown, that the respondent cannot correct the violation specified in subdivision g of this section, it may postpone the period for compliance with such order upon such terms and conditions and for such period of time as shall be appropriate under the circumstances.
i. In any proceeding before the office of administrative trials and hearings, acting pursuant to subdivision g of this section, if such office finds that the department or other agency issuing the notice of violation has failed to prove the violation charged, it shall notify the department or other agency issuing the notice of violation, and the order requiring the respondent to correct the condition constituting the violation shall be deemed to be revoked.
j. When the owner or operator of a bar has been found to be in violation of subparagraph c of paragraph twenty of subdivision a of section 17-503 on two or more occasions on the basis of one or more employees being in a separate smoking room at times not permitted under this chapter, the tribunal shall revoke the right of such owner or operator to maintain a separate smoking room in such bar.
k. The penalties provided by this section shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder.
l. When a person who has been issued a permit to operate a non-tobacco hookah establishment has been found to have been in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, the commissioner shall revoke the permit issued to such person to operate such non-tobacco hookah establishment.
m. A non-tobacco hookah establishment found to be in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law shall be responsible for any expert costs relating to proving such violation. The recovery of the costs authorized by this subdivision shall be in addition to any other penalties imposed by this section or by any other provision of law.
(Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/147, 8/28/2017, eff. 8/28/2018; Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152, L.L. 2017/187 and L.L. 2021/080.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005 and L.L. 2002/047.
The department shall engage in a continuing program to explain and clarify the provisions and purposes of this chapter and shall provide assistance to those persons who seek to comply, and to those who want to stop smoking, using electronic cigarettes, or using smokeless tobacco.
(Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 2013/152.
The department shall seek to encourage state and federal governmental and educational agencies having facilities within the city of New York, but not subject to the provisions of this chapter, to establish local operating procedures which substantially conform to the requirements of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002.
a. Nothing in this chapter shall be construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity is otherwise prohibited by law or regulation.
b. Nothing in this chapter shall be construed to prohibit owners, operators, managers, employers or other persons having control of any establishment subject to this chapter from adopting a smoke-free, electronic cigarette-free, or tobacco-free policy which completely prohibits smoking, using electronic cigarettes, or using smokeless tobacco on the premises of such establishment at all times.
c. Nothing in this chapter shall be construed to require owners, operators, managers, employers or other persons having control of any establishment subject to this chapter to choose to construct a separate smoking room, an enclosed room where smoking is permitted or a solid floor-to-ceiling partition separating a restaurant bar from the indoor dining area of a restaurant as the means of complying with this chapter.
d. Nothing in this chapter shall be construed to preclude owners, operators, managers, employers or other persons having control of any establishment covered by this act from prohibiting smoking, using electronic cigarettes, or using smokeless tobacco in such establishment to a greater extent than is provided by this chapter, in accordance with applicable law.
e. Nothing in this chapter shall be construed to allow owners, operators, managers, employers or other persons having control of any establishment covered by this act to be subject to any legal proceeding or action to enforce this chapter in any court by any party, other than the city of New York or its designated agencies, based on such owners', operators', managers', employers' or other persons alleged manner or method of compliance with the provisions of this chapter or his or her alleged failure to comply with the same.
(Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005 and L.L. 2013/152.
a. The commissioner shall promulgate rules in accordance with the provisions contained in this chapter, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter.
b. The department of parks and recreation and the department of transportation may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter.
In determining the advisability of requiring that certain protections from second-hand smoke be provided in restaurant bars, the commissioners shall consider any applicable standards or recommendations of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, any applicable standards or recommendations of the United States environmental protection agency and the occupational safety and health administration of the United States department of labor with respect to indoor air quality relating to second-hand smoke, the impact on public health of exposure to second-hand smoke and any other factors which such commissioners deem appropriate. Such commissioner shall report to the council by January 1, 1996 regarding the results of the study required pursuant to this subdivision and any recommendations.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 1995/005.
a. Any entity who in good faith believes itself to be a membership association shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a membership association. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
b. Any entity who in good faith believes itself to be an owner operated bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as an owner operated bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
c. Any entity who in good faith believes itself to be a tobacco bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a tobacco bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
d. Any entity that in good faith believes itself to be a non-tobacco hookah establishment shall have 180 days from the effective date of the local law that added this subdivision to apply to the department for a permit as a non-tobacco hookah establishment. No permit application shall be approved by the department for any entity that fails to meet any requirement for a permit contained in subdivision g of section 17-513.5. During the period of time from the effective date of the local law that added this subdivision until the expiration of 180 days, no provision of the local law that added this subdivision, except for the provisions of this section, shall apply to such entity.
(Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/047 and L.L. 2017/187.
a. The provisions of this chapter shall not be interpreted or construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity is prohibited or otherwise restricted by other applicable laws, rules or regulations.
b. Class A multiple dwelling smoking policy requirement. The civil penalty provided in paragraph 3 of subdivision e of section 17-508 shall be the sole remedy for violation of subdivision d-1 or d-2 of such section.
(Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/147, 8/28/2017, eff. 8/28/2018; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/047, L.L. 2013/152 and L.L. 2021/080.
It shall be unlawful for any individual to operate a retail tobacco store or a retail electronic cigarette store without having registered with the department in accordance with the rules of the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/152.
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