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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.
The department shall promulgate rules and regulations necessary to establish a system for review and verification of total annual gross sales of retail tobacco stores and retail electronic cigarette stores.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/152.
a. It shall be unlawful for a person to operate a non-tobacco hookah establishment without a permit from the department.
b. A permit issued pursuant to this section shall be valid for one year.
c. A permit issued pursuant to this section is not assignable or transferrable.
d. Where any person becomes the beneficial owner of 10 percent or more of the stock of an organization to which a permit has been granted pursuant to this section, if such person previously did not hold at least a 10 percent interest, such permit shall immediately become void.
e. Any permit issued pursuant to this section shall immediately become void upon the addition or termination of any general partner or upon the dissolution of a partnership that owns a non-tobacco hookah establishment.
f. The department may charge a fee of $25 for a permit issued pursuant to this section.
g. To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah establishment, a person shall demonstrate that:
1. such non-tobacco hookah establishment generated 50 percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products;
2. such non-tobacco hookah establishment has been operating as a non-tobacco hookah establishment since at least the date of enactment of the local law that created this section, and has not expanded its size or changed its location on or after the date of enactment of the local law that added this section;
3. such non-tobacco hookah establishment has not been found to have served shisha containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, after the effective date of the local law that added this section;
4. such non-tobacco hookah establishment does not owe a civil penalty for a violation of any provision of this chapter or of chapter 7 of title 17; and
(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.
Not later than twelve months after the effective date of this local law, and each year thereafter, the department shall submit a report to the mayor and the council concerning the administration and enforcement of this local law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 1995/005.