L.L. 2002/047

Enactment date: 12/30/2002

Int. No. 256-A

By the Speaker (Council Member Miller), Council Members Quinn, Oddo, Brewer, DeBlasio, Felder, Foster, Gerson, Koppell, Martinez, Perkins, Sears, Serrano, Stewart, Vann, Comrie, Lopez, Reyna, Vallone, Jr., Baez, Diaz, Provenzano, Recchia, Jr., Yassky, Davis, Gennaro and Liu (by request of the Mayor).

A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of smoking in public places and places of employment

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 21.   a.   Before the ninetieth day after this local law shall have become a law, every employer shall make any changes necessary in their written smoking policies to bring them into compliance with the requirements of chapter 5 of title 17 of the administrative code of the city of New York as amended by this local law.

   b.   Nothing in this law shall be construed to impair, diminish or otherwise affect any collectively bargained procedure or remedy available to an employee, existing prior to the effective date of this local law, 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 chapter 5 of title 17 of the administrative code with respect to the place of employment.

§ 22. If any provision of this local law, including but not limited to the provisions relating to tobacco bars and owner operated bars is ruled invalid, the remainder of the local law shall remain in force and effect. It is the intent of the Council that if any exemption from the prohibition of smoking is determined to be invalid, the remainder of the law shall be enforced as if that exemption had not been enacted, and smoking shall be prohibited in any place where the exemption previously applied.

§ 23. Notwithstanding any provision of this local law, it is the intent of the Council not to prohibit the owner of any establishment regulated under this local law, or any family member of such owner, from smoking on the premises at times when such establishment is not open for business.

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[Consolidated provisions are not included in this Appendix A]

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§ 25. Effective date. This local law shall take effect on the ninetieth day after it shall have become a law, except that:

   (a)   the department of health and mental hygiene may promulgate rules prior to such date necessary to carry out the provisions of this local law; and

   (b)   sections twenty-one and twenty-two shall take effect immediately

   (c)   section 24 shall take effect on January 2, 2006.