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a. Definitions. For purposes of this section:
(1) "Distribution" means to give, sell, deliver, dispense, issue, offer to give, sell, deliver, dispense or issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
(2) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) "Public place" means any area to which the public is invited or permitted.
(4) "Retail dealer" means "retail dealer" as defined in section 20-201.
(5) "Tavern" means an establishment where alcoholic beverages are sold and served for on-site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages. Service of food shall be considered incidental if the food service generates less than forty percent of total annual gross sales. As used herein, the term "tavern" shall not be deemed to include a bar located in a public place in which the sale of alcoholic beverages is incidental to the primary purpose of the business or establishment conducted therein, except for a bar located in a public place which offers overnight accommodations. Examples of public places not deemed to be taverns within the definition of this paragraph include, but are not limited to, restaurants, catering halls, bowling alleys, billiard parlors, discotheques, theatres and arenas.
(6) "Tobacco product" means any substance which contains tobacco, including but not limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.
(7) "Wholesale dealer" means "wholesale dealer" as defined in section 11-1301 of the administrative code.
(8) "Vending machine" means any mechanical, electronic or other similar device which dispenses tobacco products.
b. Distribution of tobacco products through vending machines prohibited. No person shall permit the distribution of a tobacco product through the operation of a vending machine in a public place. This prohibition shall not apply to the distribution of tobacco products in a tavern.
c. Distribution of tobacco products in a tavern. Tobacco products may be distributed in a tavern only in the following ways:
(1) through a vending machine which must be (i) placed at a distance of a minimum of 25 feet from any entrance to the premises; and (ii) directly visible by the owner of the premises, or his or her employee or agent, during the operation of such vending machine; or
(2) directly by the owner of the premises, or his or her employee or agent.
d. Identification of vending machines. A wholesale dealer or retail dealer shall post a durable sign on any vending machine which such dealer is licensed to own, operate or maintain. Such sign shall be visible to the general public and provide the applicable license number and expiration date and the license holder's name, place of business and phone number.
e. Enforcement. The department shall enforce the provisions of this section. 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 section.
f. Violations and penalties.
(1) Any person found to be in violation of this section shall be liable for a civil penalty of not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation; and not more than one thousand dollars for the third and all subsequent violations. In addition, for a third and subsequent violations, any person who engages in business as a wholesale dealer or retail dealer shall be subject to the suspension of his or her license, for a period not to exceed one year, after notice and the opportunity for a hearing before the commissioner of finance or his or her designee. A wholesale dealer who owns, operates or maintains a vending machine placed in violation of subdivision b or paragraph (1) of subdivision c of this section shall be liable only if he or she has knowledge of the violation. The department shall promptly give written notice to the wholesale dealer identified on the sign required by subdivision d of this section of any such violation by an owner of the premises, or his or her employee or agent. For purposes of this section, such notice shall be prima facie evidence that the wholesale dealer has knowledge of future violations of subdivision b or paragraph (1) of subdivision c of this section.
(2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this subdivision shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.
(3) The penalties provided by this subdivision shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder.
g. Construction. Nothing in this section shall be construed to prohibit the following:
(1) the transfer of an existing vending machine from placement in a premises prohibited pursuant to subdivision b of this section to placement in a tavern; or
(2) the initial placement of a vending machine in a tavern.
(Am. L.L. 2017/146, 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. 1990/067, L.L. 2017/146 and L.L. 2020/080.
a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
1. "Bar" means any establishment which is devoted to the sale and service of alcoholic beverages for on-premises consumption and in which the service of food, if served at all, is incidental to the consumption of such beverages.
2. "Health club" means any commercial establishment offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. "Health club" as defined herein shall include, but not be limited to health spas, sports, tennis, racquet ball, and platform tennis clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.
3. "Owner or operator" means the owner, manager, operator or other person having control of an establishment.
4. "Public place" means a restaurant, bar, theatre or health club.
5. "Restaurant" means any commercial eating establishment which is devoted, wholly or in part, to the sale of food for on-premises consumption.
6. "Resuscitation equipment" means (i) an adult exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves and (ii) a pediatric exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves.
7. "Theatre" means a motion picture theatre, concert hall, auditorium or other building used for, or designed for the primary purpose of, exhibiting movies, stage dramas, musical recitals, dance or other similar performances.
b. Resuscitation equipment required. The owner or operator of a public place shall have available in such public place resuscitation equipment in quantities deemed adequate by the department. Such equipment shall be readily accessible for use during medical emergencies. Any information deemed necessary by the commissioner shall accompany the resuscitation equipment. Resuscitation equipment shall be discarded after a single use.
c. Notice required. The owner or operator of a public place shall provide notice to patrons, by means of signs, printed material or other means of written communication, indicating the availability of resuscitation equipment for emergency use and providing information on how to obtain cardiopulmonary resuscitation training. The type, size, style, location and language of such notice shall be determined in accordance with rules promulgated by the commissioner. In promulgating such rules, the commissioner shall take into consideration the concerns of the public places within the scope of this section. If the department shall make signs available pursuant to this subdivision, it may charge a fee to cover printing, postage and handling expenses.
d. Rescuer liability limited. Any owner or operator of a public place, his or her employee or other agent, or any other person who voluntarily and without expectation of monetary compensation renders emergency treatment using the resuscitation equipment required pursuant to this section, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that the injuries were or death was caused by gross negligence on the part of the rescuer.
e. No duty to act. Nothing contained in this section shall impose any duty or obligation on any owner or operator of a public place, his or her employee or other agent, or any other person to provide resuscitation assistance to the victim of a medical emergency.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/012.
a. The department shall refer to appropriate medical providers any person who requests assistance in blood lead screening, testing, diagnosis or treatment, and upon the request of a parent or guardian, arrange for blood lead screening of any child who requires screening and whose parent or guardian is unable to obtain a lead test because the child is uninsured or the child's insurance does not cover such screening.
b. The department shall develop a pamphlet explaining the hazards associated with lead-based paint and lead-contaminated dust and describing the procedures to be used in order for a violation of sections 27-2056.6, 27-2056.7, 27-2056.8 and 27-2056.11 of this code to be corrected. The pamphlet shall include appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information and to report unsafe lead-based paint work practices. Such pamphlet shall also describe building owners' responsibilities under article 14 of subchapter 2 of chapter 2 of title 27, including such building owners' responsibilities to remediate all lead-based paint hazards and underlying defects upon turnover of any dwelling unit, and such building owners' responsibilities to annually inspect any dwelling unit where a child of applicable age resides for lead-based paint hazards. Such pamphlet shall be made available in accordance with section 27-2056.9 of this code. Such pamphlet shall also be made available on the department's website and to any member of the public upon request, and shall be available in any designated citywide language, as defined by section 23-1101 of this code.
c. As part of the investigation required by section 17-911, the department shall provide to the parent or guardian of any child under the age of 18 determined to have an elevated blood lead level information regarding special education services available from the department of education.
d. Whenever a lead-based paint hazard or unsafe lead paint is identified in a dwelling unit pursuant to an investigation required by section 17-911, the department shall post in a common area accessible to all occupants of the dwelling in which the dwelling unit is located a notice regarding lead-based paint hazards, the availability of inspections pursuant to subdivision a of section 27-2056.9 and a copy of the pamphlet described in subdivision b of this section.
e. Whenever a lead-based paint hazard or unsafe lead paint is identified in a covered facility, such covered facility shall provide notice to the parent or guardian of every child attending the covered facility that a lead-based paint hazard has been identified in the covered facility. Such notice shall be provided in the same form that the results of the annual survey of lead-based paint hazards are reported to such parent or guardian, as described in section 17-924.
(Am. L.L. 2019/073, 4/14/2019, eff. 8/12/2019; Am. L.L. 2021/039, 4/18/2021, eff. 10/18/2022; Am. L.L. 2021/040, 4/18/2021, eff. 4/18/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001.
The department, in conjunction with the department of housing preservation and development, shall provide training for lead-based paint inspection and supervisory personnel. No department personnel shall conduct an inspection for lead-based paint pursuant to the health code unless that individual has received such training. At a minimum, such training shall (1) be equivalent to the training required under regulations issued by the United States environmental protection agency for the certification of lead-based paint inspectors and supervisors, (2) include background information pertaining to applicable state and local lead-based paint laws and guidance on identifying violations in a multiple dwelling, and (3) require that the individual has successfully demonstrated knowledge of the responsibilities of a certified inspector or certified supervisor, as the case may be, and the requirements of sections 173.13 and 173.14 of the health code or successor rules. The department shall provide for the continuing education of inspection and supervisory personnel.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/001.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Opioid. The term "opioid" means an opiate as defined in section 3302 of the public health law.
Opioid antagonist. The term "opioid antagonist" means naloxone, narcan or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the human body.
b. For as long as the department determines there is an urgent public health need, the department shall offer overdose prevention and reversal training to the general public. Such training shall include:
1. How to recognize an opioid overdose; and
2. How to properly administer common opioid antagonists to reverse an opioid overdose.
c. For as long as the department determines there is an urgent public health need, the department shall offer a public awareness strategy to inform the public of the existence of such trainings and the danger of opioid addiction and abuse.
d. For as long as the department determines there is an urgent public health need, the department shall provide opioid antagonists to all syringe exchange programs operating within the city.
e. The department shall require that the staff at all syringe exchange programs operating in the city receive overdose prevention and reversal training. Such training shall teach staff:
1. How to recognize an opioid overdose; and
2. How to properly administer common opioid antagonists to reverse an opioid overdose.
f. Thirty days prior to the department's determination that there is no longer an urgent public heath need, pursuant to subdivisions b, c and d of this section, the department shall submit a report to the speaker of the council detailing the reasons for such determination.
g. 1. Needle, syringe, and sharps buyback pilot program. The department shall establish a needle, syringe, and sharps buyback pilot program. Such program shall offer financial incentives to individuals who collect and return needles, syringes, and sharps that were used for non-medical consumption. In implementing such program, the department shall establish at least 1 buyback location in each of the 5 highest-need council districts in the city, as determined by the department. The department shall set the amount of the buyback incentive for such program, except that such incentive shall not exceed 20 cents per needle, syringe, or sharp and shall not exceed a maximum payout of $10 per day to any individual. The department shall determine eligibility for such program and may consult with overdose prevention centers, the New York city health and hospitals corporation, or any other entity deemed relevant by the commissioner in administering such program.
2. Implementation. The pilot program shall commence no later than 30 days after the effective date of the local law that added this subdivision and conclude one year after the date such program commences. On or before the date the pilot program commences, the department shall conspicuously post on its website a list of the buyback locations included in the pilot program.
3. Report. No later than six months following the conclusion of the pilot program, the department shall submit to the mayor and the speaker of the council, and post conspicuously on the department's website, a report on the pilot program established pursuant to this subdivision. Such report shall include, at a minimum, the following information:
(a) The names and addresses of all buyback locations included in the pilot program;
(b) The number of needles, syringes, and sharps returned or disposed of under the pilot program, disaggregated by buyback location;
(c) The total amount of money disbursed to individuals; and
(d) The department's recommendation as to whether to establish a permanent buyback program and whether and how to expand such program.
h. 1. Community-based plan of action. The department, in conjunction with stakeholders, community-based organizations, providers, and all other entities deemed relevant by the commissioner, shall create a community-based plan of action to address the opioid epidemic in communities that the department deems are at highest risk for opioid abuse and overdose deaths. Such plan shall include, at a minimum:
(a) The creation of a community-based working group, which shall include relevant stakeholders and providers from each community identified by the department pursuant to this paragraph;
(b) A public awareness strategy that targets and addresses each community identified by the department pursuant to this paragraph; and
(c) Information on how and where to access opioid antagonists, as defined in subdivision a of this section, in the community.
(L.L. 2018/128, 6/26/2018, eff. 10/24/2018; Am. L.L. 2018/124, 6/26/2018, eff. 10/24/2018; Am. L.L. 2022/124, 12/23/2022, eff. 1/22/2023)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Client. The term “client” means anyone served by the providers.
Provider. The term “provider” means a city agency, or a community-based organization or not-for-profit organization that works directly with refugees, asylees, asylum seekers, and migrants, and is under contract or similar agreement with the department.
Trauma-informed care. The term “trauma-informed care” means trauma-informed care as described by the substance abuse and mental health services administration of the United States department of health and human services, or any successor agency, department, or governmental entity.
b. Training on trauma-informed care. The department shall review existing training on trauma-informed care that the department offers to providers and include in such training appropriate information on refugee, asylee, asylum seeker, and migrant experiences. Such training shall:
1. Include, but not be limited to, methods for recognizing signs of trauma exposure, strategies for understanding common behaviors of individuals exposed to trauma, trauma-informed principles for interacting with such individuals, and resources on addressing secondary trauma, traumatic stress, and post-traumatic stress disorder;
2. Recognize the variation in signs of trauma across a client’s lifespan and include a range of age-appropriate tools according to the different developmental needs of those served; and
3. Include culturally competent tools and resources for providing trauma-informed care.
c. Outreach. The department shall offer the training on trauma-informed care reviewed and revised pursuant to subdivision b of this section to eligible providers deemed appropriate by the department.
d. Reporting. Not later than 6 months after the effective date of the local law that added this section and annually thereafter, the department shall publish on its website a report on the following:
1. The components of the training on trauma-informed care developed pursuant to subdivision b of this section; and
2. The number of individuals who accepted and completed the training on trauma-informed care.
(L.L. 2023/158, 11/19/2023, eff. 3/18/2024)
The dry scraping or dry sanding of lead-based paint or paint of unknown lead content in any dwelling, day care center or school is hereby declared to constitute a public nuisance and a condition dangerous to life and health. For the purpose of this section, dry scraping and dry sanding shall mean the removal of paint or similar surface-coating material by scraping or sanding without using water misting to reduce dust levels or other method approved by the department. The department shall promulgate such additional rules as necessary for the enforcement of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001.
a. Any corporation of government, the expenses of which are paid in whole or in part from the city treasury, which provides health and medical services and operates health facilities and which is authorized to employ special officers having peace officer status as defined in New York Criminal Procedure Law §2.10(40), shall utilize peace officers appointed pursuant to said subdivision to perform the duties of special officer, senior special officer and hospital security officer. The commissioner of the department of health and mental hygiene shall enforce this requirement.
b. Any person, including but not limited to any labor organization, claiming to be aggrieved by a violation of subdivision a of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and such other remedies as may be appropriate.
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