Smoking tobacco, and using electronic cigarettes to vape nicotine, may be permitted in an enclosed room, as defined in 24 RCNY § 10-01(h), in a restaurant, bar, cabaret, catering hall, convention hall, hotel or motel conference room, or other such similar facility, where smoking is otherwise prohibited, when the public is invited to attend a specific event held for the primary purpose of promoting and sampling tobacco products or electronic cigarettes, provided that:
(a) Notice of the public event shall be provided to the Department on forms furnished by the Department. Completed forms shall be received by the Department no later than two (2) weeks prior to the event.
(i) The Department may charge a fee not to exceed $100.00 per notice.
(ii) Signs shall be posted in accordance with 24 RCNY § 10-12 and shall contain one of the following messages:
(A) "SMOKING PERMITTED AT THIS EVENT. NOTICE OF THIS EVENT HAS BEEN FILED WITH THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT."
(B) "ELECTRONIC CIGARETTE USE PERMITTED AT THIS EVENT. NOTICE OF THIS EVENT HAS BEEN FILED WITH THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT."
(C) "SMOKING AND ELECTRONIC CIGARETTE USE PERMITTED AT THIS EVENT. NOTICE OF THIS EVENT HAS BEEN FILED WITH THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE AIR ACT."
(b) Service of food and drink shall be incidental to the promotion and sampling of tobacco products or electronic cigarettes.
(c) If tobacco products are to be distributed at the event for sampling, such distribution shall be in compliance with all laws and rules relating to the distribution of tobacco products, including but not limited to §§ 17-176; and 20-202 of the Administrative Code and § 1399-bb of the Public Health Law.
(d) (i) No such facility shall be authorized to permit smoking pursuant to this section on more than five (5) days in any calendar year.
(ii) No such facility will be authorized to permit electronic cigarette use on more than five (5) days in any calendar year.
(Amended City Record 7/7/2022, eff. 8/6/2022; amended City Record 4/12/2024, eff. 5/12/2024)