(a) Act. "Act" means the Smoke-Free Air Act, as provided in Chapter 5, Title 17 of the New York City Administrative Code (the "Administrative Code"), as amended by Local Law No. 47 of 2002.
(b) Bar. "Bar" has the meaning set forth in § 17-502(b) of the Act or subdivision (1) of § 1399-n of the New York State Public Health Law, whichever is more inclusive.
(c) Cannabis. "Cannabis" as defined in paragraph 5 of section 3 of New York State's Cannabis Law (as added by L 2021, c 92, § 2, eff. March 31, 2021), also known as the "Marihuana Regulation and Taxation Act" ("MRTA");
(d) Commissioner. "Commissioner" means the Commissioner of the New York City Department of Health and Mental Hygiene.
(e) Compensation. "Compensation" means any money, gratuities, privileges or benefits received in return for work performed or services rendered.
(f) Department. "Department" means the New York City Department of Health and Mental Hygiene.
(g) Employee. "Employee" means an employee as defined in § 17-502(h) of the Act. There shall be a rebuttable presumption that any person who performs work or renders services for compensation, for any period(s) of time, at the direction of an operator of an entity or facility which is subject to the provisions of the Act, is an employee of such entity.
(h) Enclosed room. "Enclosed room" means a room which is completely enclosed on all sides by solid floor-to-ceiling walls, windows, or solid floor-to-ceiling partitions, and which complies with all applicable Building Code and Fire Code requirements. Any such windows in such room must remain closed while people are smoking in the room unless the windows open to the exterior. Any doors must remain closed while people are smoking in the room except to the extent necessary to permit ingress and egress to and from such room. Such room must be ventilated in a manner that shall prevent emission of smoke to any other interior part of the facility.
(i) Entrance. "Entrance" means every means of entering or exiting a room, facility, or premises ordinarily used by the public and/or employees.
(j) Incidental service and/or sales of food and/or drink. For the purpose of 24 RCNY § 10-04, service of food and/or drink shall be deemed "incidental" to the purpose of promoting and sampling tobacco products, where such food and/or drink is prepackaged or requires no on-site preparation or monitoring, and there is no service or self-service of potentially hazardous foods, as defined in 24 RCNY Health Code § 81.09, within the enclosed room in which the event is held.
(k) Membership association. "Membership association" has the meaning set forth in § 17-502(ff) of the Act.
(l) On-site agent. "On-site agent" means an employee designated by a building operator, owner or manager to inform persons that smoking is prohibited on the building premises.
(m) Open for business. For the purpose of § 23 of Local Law 47 of 2002 and 24 RCNY § 10-02(c), the term "open for business" includes any time that employees are present in such establishment or any time the establishment is open to the public.
(n) [Reserved.]
(o) Outdoor dining area. "Outdoor dining area" means any patio, courtyard, sidewalk cafe, backyard, rooftop or terrace, or other outdoor area of a restaurant, with or without seating, that is designated for the consumption or service of food or drink.
(p) Repealed.
(q) Permittee. "Permittee" means a person who holds a valid permit issued pursuant to Articles 5 and 81 of the New York City Health Code to operate a bar, restaurant or other food service establishment or who holds a valid permit issued pursuant to § 17-513.5 of the New York City Administrative Code to operate a non-tobacco hookah establishment.
(r) Place of employment. "Place of employment" shall have the meaning set forth in § 17-502(m) of the Act.
(s) Principal owner. "Principal owner" has the meaning set forth in § 17-502(hh) of the Act.
(t) Rules. "Rules" means Chapter 10 of Title 24 of the Rules of the City of New York.
(u) Repealed.
(v) State law. "State law" means Article 13-E of the Public Health Law of the State of New York ("Regulation of Smoking in Certain Public Areas"), as amended.
(w) Tobacco bar. "Tobacco bar" has the meaning set forth in § 17-502(jj) of the Act.
(x) Electronic cigarette. "Electronic cigarette" has the meaning described in § 17-502(qq) of the Act.
(y) Restaurant. "Restaurant" has the meaning described in § 17-502(r) of the Act.
(z) Retail tobacco store. "Retail tobacco store" has the meaning described in § 17-502(u) of the Act.
(z-1) Retail electronic cigarette store. "Retail electronic cigarette store" has the meaning described in § 17-502(rr) of the Act.
(aa) Hookah. "Hookah" shall mean a type of water pipe with a long flexible tube for drawing smoke through water and cooling it.
(bb) Non-tobacco hookah establishment. "Non-tobacco hookah establishment" shall mean an establishment that, as of October 17, 2017, generated fifty percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products, continues to meet that fifty percent threshold for gross annual sales annually, and that has a permit issued by the Department.
(cc) Non-tobacco smoking product. "Non-tobacco smoking product" shall mean any product that does not contain tobacco or nicotine and that is designed for human use or consumption by the inhalation of smoke, including but not limited to (i) pipes, water pipes, rolling papers, and any other component part, or accessory of such product and (ii) shisha, as defined in subdivision z of § 17-702 of the Administrative Code.
(dd) Shisha. "Shisha" shall mean any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe as set forth in subdivision z of § 17-702 of the Administrative Code.
(ee) Smoking. "Smoking" means inhaling, exhaling, burning, or carrying any lit or heated cigar, cigarette, little cigar, pipe, water pipe, herbal cigarette, non-tobacco smoking product, or any similar form of lighted object or device designed for human use or consumption by the inhalation of smoke.
(Amended City Record 4/10/2018, eff. 5/10/2018; amended City Record 7/7/2022, eff. 8/6/2022; amended City Record 4/12/2024, eff. 5/12/2024)