THE AMENDED VERSION OF THE 1989
LAW BY THE SENATE AND ASSEMBLY (as shown)
IS INTENTIONALLY LEFT INTACT IN ORDER
TO PRESERVE THE HISTORY OF
THE NYS SMOKE-FREE
AIR ACT.
THIS WAY YOU WILL KNOW WHAT WAS PREVIOUSLY
ALLOWED AND WHAT WAS
REMOVED OR ADDED TO CRAFT AND ENACT
THE 2003 LAW.
(A clean
version of the law can be found on the NYS DOH website)
CHAPTER TEXT:
LAWS OF NEW YORK, 2003 CHAPTER 13 AN ACT to amend the public health law and the education law, in relation to the regulation of smoking in certain public areas. Became a law March 26, 2003, with the approval of the Governor. Passed by a majority vote, three-fifths being present.
EXPLANATION--Matter in italics is new; matter in brackets [] is old law to be omitted.
Section 1399-n. Definitions. 1399-o. Smoking restrictions. 1399-p. Posting of signs. 1399-q. Smoking restrictions inapplicable. 1399-r. General provisions. 1399-s. Violations. 1399-t. Enforcement. 1399-u. Waiver. 1399-v. Penalties. 1399-w. Limitation of causes of action. 1399-x. Rules and regulations.
The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1399-n of the public health law, as added by chapter 244 of the laws of 1989, subdivisions 9 and 16 as added and subdivisions 10, 11, 12, 13, 14 and 15 as renumbered by chapter 565 of the laws of 1994, is amended to read as follows: § 1399-n. Definitions. For purposes of this article:
1. ["Auditorium" means the part of a public building where an audiencesits but does not include any corridors, hallways or lobbies adjacent thereto. 2.] "Bar" means any [indoor] area [open to the public], including outdoor seating areas, devoted to the sale and service of alcoholic beverages for on-premises consumption and where the service of food is only incidental to the consumption of such beverages. [Service of food shall be considered incidental if the food service generates less than forty percent of total annual gross sales. Any bar that generates forty percent or more of total annual gross sales from the sale of food for on-premises consumption shall be a food service establishment. 3.] 2. "Employer" [shall mean] means any person, partnership, [associ- ate] association, limited liability company, corporation or nonprofit entity which employs one or more persons, including the legislative, executive and judicial branches of state government and any political subdivision of the state. [4. "Factory" means any mill or other manufacturing establishment where one or more persons are employed in manufacturing, including making, altering, repairing, finishing, bottling, canning, cleaning or laundering any article or thing. 5.] 3. "Food service establishment" means any [indoor] area [open to the public], including outdoor seating areas, or portion thereof in which the business is the sale of food for on-premises consumption [and which has an indoor seating capacity of greater than fifty persons including, but not limited to restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. A food service establish- ment shall not include the bar area of such establishment]. [6. "Indoor area open to the public" means any indoor area or portion thereof generally accessible to the public. 7.] 4. "Membership association" means a not-for-profit entity which has been created or organized for a charitable, philanthropic, educa- tional, political, social or other similar purpose. 5. "Place of employment" means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services [but which is not generally accessible to the public]and shall include, but not be limited to, offices, school grounds,retail stores, banquet facilities, theaters, food stores, banks, finan-cial institutions, factories, warehouses, employee cafeterias, lounges,auditoriums, gymnasiums, restrooms, elevators, hallways, museums,libraries, bowling establishments, employee medical facilities, rooms orareas containing photocopying equipment or other office equipment used incommon, and company vehicles.[8. "Public building" means any building owned or operated by thestate or any county, city, town, village or any other political subdivi-sion, public improvement or special district, public authority, commis-sion, agency or public benefit corporation; or any other separate corpo-rate instrumentality or unit of state or local government.9.] 6. "School grounds" means any building, structure, and surroundingoutdoor grounds contained within a public or private pre-school, nurseryschool, elementary or secondary school's legally defined property bound-aries as registered in a county clerk's office, and any vehicles used totransport children or school personnel.[10. "Smoke-free work area" means an enclosed indoor area in a placeof employment where no smoking occurs. Such area shall be clearly desig-nated, and separate from any smoking area.11.] 7. "Retail tobacco business" means a sole proprietorship, limitedliability company, corporation, partnership or other enterprise in whichthe primary activity is the retail sale of tobacco products and accesso-ries, and in which the sale of other products is merely incidental.8. "Smoking" means the burning of a lighted cigar, cigarette, pipe orany other matter or substance which contains tobacco.[12. "Smoking area" means an enclosed indoor area in which smoking ispermitted. Such smoking area shall be clearly designated and separatefrom any area in which smoking is not permitted. In a place of employ-ment, the smoking area shall be separated from a smoke-free work area bywalls or some other means, equally effective in reducing the effects ofsmoke on the smoke-free work area, other than ventilation systems or aircleaning devices.13. "Tobacco business" means a sole proprietorship, corporation, part-nership or other enterprise in which the primary activity is the sale,manufacture or promotion of tobacco, tobacco products and accessorieseither at wholesale or retail, and in which the sale, manufacture orpromotion of other products is merely incidental.14. "Warehouse" means any building or structure used for the purposeof storing merchandise or commodities.15. "Work area" means an area in a place of employment where one ormore employees are routinely assigned and perform services for theiremployer.16. "Zoo" means any indoor area open to the public for the purpose ofviewing animals.]§ 2. Section 1399-o of the public health law, as added by chapter 244of the laws of 1989, subdivisions 1 and 2 as amended and subdivision 8as added by chapter 565 of the laws of 1994, is amended to read as follows:§ 1399-o. Smoking restrictions. [1.] Smoking shall not be permittedand no person shall smoke in the following indoor areas [open to thepublic]:[(a) auditoriums;(b) elevators;(c) gymnasiums;(d)] 1. places of employment;2. bars;3. food service establishments, except as provided in subdivision sixof section thirteen hundred ninety-nine-q of this article;4. enclosed indoor areas open to the public containing a swimmingpool;[(e) indoor areas open to the public in food stores provided, however,that any separate or distinct portion or part of such establishmentwhich is dedicated to the sale of food for on-premises consumption shallbe governed by the provisions of subdivision five of this section;(f) classrooms;(g)] 5. public means of mass transportation, including subways, under-ground subway stations, and when occupied by passengers, buses, vans,taxicabs and limousines;[(h)] 6. ticketing [and], boarding and waiting areas in public trans-portation terminals;[(i)] 7. youth centers and facilities for detention as defined insections five hundred twenty-seven-a and five hundred three of the exec-utive law;[(j)] 8. any facility that provides child care services as defined insection four hundred ten-p of the social services law, provided thatsuch services provided in a private home are excluded from this [paragraph]subdivision when children enrolled in such day care are not present;[(k)] 9. child day care centers as defined in section three hundredninety of the social services law and child day care centers licensed bythe city of New York;[(l)] 10. group homes for children as defined in section three hundredseventy-one of the social services law;[(m)] 11. public institutions for children as defined in section threehundred seventy-one of the social services law; [and(n)] 12. residential treatment facilities for children and youth as defined in section 1.03 of the mental hygiene law[.2. Except as provided in subdivisions three, four and five of thissection, smoking shall not be permitted and no person shall smoke in anyindoor area open to the public, including but not limited to any indoorarea open to the public in:(a)];13. all public and private colleges, universities and other [educa-tion] educational and vocational institutions;[(b)] 14. general hospitals and residential health care facilities asdefined in article twenty-eight of this chapter, and other health carefacilities licensed by the state in which persons reside[, provided,however, that cafeterias and lunchrooms in such facilities shallbegoverned by the provisions of paragraph (c) of subdivision six of thissection;(c) public buildings, provided, however, that an employee whose workareais in an indoor area open to the public shall be governed by theprovisions of subdivision six of this section;(d) theaters;(e) museums;(f) libraries;(g) retail stores in which goods, wares or merchandise are offered forsale;(h)]; provided, however, that the provisions of this subdivision shallnot prohibit smoking by patients in separate enclosed rooms of residen-tial health care facilities, adult care facilities established or certi-fied under title two of article seven of the social services law, commu-nity mental health residences established under section 41.44 of themental hygiene law, or facilities where day treatment programs areprovided, which are designated as smoking rooms for patients of suchfacilities or programs;15. commercial establishments used for the purpose of carrying on orexercising any trade, profession, vocation or charitable activity;[(i)] 16. indoor arenas;[(j) waiting rooms and waiting areas;(k) banks and other financial institutions;(l) restrooms;(m) waiting areas in public transportation terminals; and(n) service areas in cafeterias and businesses selling food foron-premises and off-premises consumption; and(o)] 17. zoos[.3. The owner, operator or manager of an indoor area open to the publicsubject to subdivision two of this section may designate a smoking areaor areas. Such smoking area shall not include any of the indoor areasopen to the public set forth in subdivision one of this section.4. (a) The owner, operator or manager of a bowling establishment maypermit smoking in the concourse area, which is the area directly behindand immediately contiguous to the bowler settee area, but shall providea nonsmoking area constituting at least twenty-five percent of thesquare footage of the concourse area.(b) The organizer or sponsor of]; and18. bingo [shall provide a contiguous nonsmoking area sufficient tomeet patron demand. If at least fifty percent of seating capacity isdesignated for nonsmokers, demand shall be deemed to have been met. Theorganizer or sponsor may not determine that no such demand exists.Notice shall be prominently posted at each entrance stating that anonsmoking section is available.5. The owner, operator or manager of a food service establishment:(a) shall designate a contiguous nonsmoking area sufficient to meetcustomer demand and may not determine that no such demand exists. Ifseventy percent of a food service establishment's indoor seating capaci-ty for dining is designated as a nonsmoking area, then customer demandwill be deemed to have been met. The designation of less than seventypercent of the indoor seating capacity for dining of a food serviceestablishment as a nonsmoking area shall not create the presumption ofnoncompliance with the provisions of this subdivision;(b) shall prominently post notice at each entrance advising that anonsmoking section is available, and each patron shall be given anopportunity to state his preference; and(c) may designate a separate enclosed room or rooms solely for use bysmokers.6. Each employer shall adopt and implement a written smoking policy.The policy shall apply only to a place of employment as defined insubdivision six of section thirteen hundred ninety-nine-n of this arti-cle and shall require at least the following:(a) that employers shall provide nonsmoking employees with a smoke-free work area;(b) that employers may set aside a work area for smoking if allemployees assigned to the work area agree to the designation;(c) that employers shall provide for contiguous nonsmoking areas inemployee cafeterias, lunch rooms and lounges. The contiguous nonsmokingareas in employee cafeterias and lunchrooms shall be sufficient to meetemployee demand. An employer may not determine that no such demandexists. If seventy percent of the indoor seating capacity is designatedas a non-smoking area, employee demand shall be deemed to have been met.The designation of less than seventy percent of the indoor seatingcapacity for dining of a food service establishment as a nonsmoking areashall not create the presumption of noncompliance with the provisions ofthis subdivision;(d) that smoking shall be prohibited in auditoriums, gymnasiums, restrooms, elevators, classrooms, hallways, employee medical facilities androoms or areas which contain photocopying equipment or other officeequipment used in common, and in company vehicles occupied by more thanone person unless the occupants of such vehicle agree that smoking maybe permitted;(e) that smoking shall be prohibited in conference rooms and meetingrooms, unless everyone in that room agrees that smoking may be permit-ted;(f) that an employer may designate a separate enclosed room or roomsnot open to the public for use as a smoking area;(g) that employers shall prominently post the smoking policy in theworkplace, and supply a written copy upon request to any existing orprospective employee;(h) an employer shall not be required to make any expenditures orstructural changes to create a smoke-free work area. In the event anemployer cannot, after using its best efforts, comply with an employee'srequest for a smoke-free work area, the employer shall designate thatemployee's work area as a smoke-free work area; and(i) any provisions in a smoking policy that are more restrictive thantheminimum requirements set forth in this subdivision shall, if acollective bargaining unit exists, be subject to applicable law govern-ing collective bargaining.7. (a) For the purposes of this article, the employer of any place ofemployment within the New York state senate, and the owner, operator ormanager of an indoor area open to the public in that portion of a publicbuilding occupied by the New York state senate or any member or employeethereof, shall be the temporary president of the senate or any person orpersons designated by the temporary president.(b) For the purposes of this article, the employer of any place ofemployment within the New York state assembly, and the owner, operator,or manager of an indoor area open to the public in that portion of apublic building occupied by the New York state assembly or any member oremployee thereof, shall be the speaker of the assembly or any person orpersons designated by the speaker.(c) For the purposes of this article, the employer of any place ofemployment within the executive chamber of the state capitol, and theowner, operator, or manager of an indoor area open to the public in thatportion of a public building occupied by the governor or any employee ofthe governor's office, shall be the governor.(d) For the purposes of this article, the employer of any place ofemployment within any state agency as defined in paragraph (g) of subdi-vision one of section seventy-three of the public officers law, and theowner, operator, or manager of an indoor area open to the public in thatportion of a public building occupied by any such agency, shall be thecommissioner, director, or other chief executive officer of such agency.(e) For the purposes of this article, the employer of any place ofemployment within the judiciary, and the owner, operator or manager ofan indoor area open to the public in that portion of a public buildingoccupied by the judiciary, or any employee thereof, shall be the chiefadministrative judge of the office of court administration, or anyperson or persons designated by the chief administrative judge.(f) Notwithstanding section two of the public buildings law or anyother provision of law, the commissioner of general services shall nothave or exercise any supervision or control over places of employment orwith respect to any indoor area open to the public in that portion of apublic building, which are subject to the provisions of paragraph (a),(b), (c), (d) or (e) of this subdivision.8.Notwithstanding the provisions of any other law, rule or regu-lation, tobacco use shall not be permitted and no person shall usetobacco on school grounds; provided, however, that smoking by adultfaculty and staff members may be permitted in a designated smoking areaduring non-school hours. For purposes of this section, school hoursshall include any student activity that is supervised by faculty orstaff, or any officially sanctioned school event] facilities.§ 3. Subdivision 1 of section 1399-p of the public health law, asadded by chapter 244 of the laws of 1989, is amended to read as follows:1. "Smoking" or "No Smoking" signs, or the international "No Smoking"symbol, which consists of a pictorial representation of a burning ciga-rette enclosed in a circle with a bar across it, shall be prominentlyposted and properly maintained where smoking is regulated by this arti-cle, by the owner, operator, manager or other person having control ofsuch [indoor] area.§ 4. Section 1399-q of the public health law, as added by chapter 244of the laws of 1989, is amended to read as follows:§ 1399-q. Smoking restrictions inapplicable. This article shall not apply to:1. Private homes, private residences and private automobiles;2. [Any indoor area where private social functions are being held whenseating arrangements are under the control of the sponsor of the func-tion and not the owner, operator, manager or person in charge of suchindoor area;3.Any indoor area open to the public exclusively reserved forconventions and trade shows if the sponsor or organizer gives notice inany promotional material or advertisements that smoking will not berestricted, and prominently posts notice at the entrance to the conven-tion or trade show advising the public that smoking will not berestricted;4.] A hotel or motel room rented to one or more guests;[5. Tobacco] 3. Retail tobacco businesses;[6. Limousines under private hire by an individual or corporation;7. Wholly or partially enclosed private boxes in indoor arenas; and8. Bars.]4. Membership associations; provided, however, that smoking shall onlybe allowed in membership associations in which all of the duties withrespect to the operation of such association, including, but not limitedto, the preparation of food and beverages, the service of food andbeverages, reception and secretarial work, and the security services ofthe membership association are performed by members of such membershipassociation who do not receive compensation of any kind from the member-ship association or any other entity for the performance of such duties;5. Cigar bars that, in the calendar year ending December thirty-first,two thousand two, generated ten percent or more of its total annualgross income from the on-site sale of tobacco products and the rental ofon-site humidors, not including any sales from vending machines, and isregistered with the appropriate enforcement officer, as defined insubdivision one of section thirteen hundred ninety-nine-t of this arti-cle. Such registration shall remain in effect for one year and shall berenewable only if: (a) in the preceding calendar year, the cigar bargenerated ten percent or more of its total annual gross income from theon-site sale of tobacco products and the rental of on-site humidors, and(b) the cigar bar has not expanded its size or changed its location fromits size or location since December thirty-first, two thousand two;6. Outdoor dining areas of food service establishments with no roof orother ceiling enclosure; provided, however, that smoking may be permit-ted in a contiguous area designated for smoking so long as such area:(a) constitutes no more than twenty-five percent of the outdoor seatingcapacity of such food service establishment, (b) is at least three feetaway from the outdoor area of such food service establishment not desig-nated for smoking, and (c) is clearly designated with written signage asa smoking area; and7. Enclosed rooms in food service establishments, bars, cateringhalls, convention halls, hotel and motel conference rooms, and othersuch similar facilities during the time such enclosed areas or rooms arebeing used exclusively for functions where the public is invited for theprimary purpose of promoting and sampling tobacco products, and theservice of food and drink is incidental to such purpose, provided thatthe sponsor or organizer gives notice in any promotional material oradvertisements that smoking will not be restricted, and prominentlyposts notice at the entrance of the facility and has provided notice ofsuch function to the appropriate enforcement officer, as defined insubdivision one of section thirteen hundred ninety-nine-t of this arti-cle, at least two weeks prior to such function. The enforcement officershall keep a record of all tobacco sampling events, and such recordshall be made available for public inspection. No such facility shallpermit smoking under this subdivision for more than two days in anycalendar year.§ 5. Section 1399-s of the public health law, as added by chapter 244of the laws of 1989, is amended to read as follows:§ 1399-s. Violations. 1. It shall be unlawful for any person, firm,limited liability company, corporation or other entity that owns,manages, operates or otherwise controls the use of an [indoor] area[open to the public] in which smoking is prohibited or restricted pursu-ant to section thirteen hundred ninety-nine-o of this article to fail tocomply with the provisions of this article. For violations of thissubdivision, it shall be an affirmative defense that during the relevanttime period actual control of the [indoor] area [open to the public] wasnot exercised by the respondent, but rather by a lessee, the sublesseeor any other person. To establish an affirmative defense, the respond-ent shall submit an affidavit and may submit any other relevant proofindicating that the respondent did not exercise actual control of saidarea during the relevant time period. Such affidavit and other proofshall be mailed by certified mail to the appropriate enforcement officerwithin thirty days of receipt of such notice of violation.2. [It shall be unlawful for any person, firm, corporation or otherentity that owns, manages or operates a food service establishment inwhich smoking is restricted to fail to designate areas pursuant tosubdivision five of section thirteen hundred ninety-nine-o of this arti-cle, or to fail to make good faith efforts to ensure that employeesresponsible for seating arrangements substantially comply with therequirements of this article. In actions brought for violations ofsubdivision five of section thirteen hundred ninety-nine-o of this arti-cle, it shall be an affirmative defense that notice of a violation wasprovided to a customer.3.] It shall be unlawful for an employer whose place of employment issubject to subdivision [six] one of section thirteen hundred ninety-nine-o of this article to fail to comply with the provisions of suchsubdivision. For violations of such subdivision [six of section thirteenhundred ninety-nine-o of this article], it shall be an affirmativedefense that the employer has made good faith efforts to ensure thatemployees comply with the provisions of [any policy adopted pursuant tosubdivision six of section thirteen hundred ninety-nine-o of] this arti-cle.[4.] 3. It shall be unlawful for any person to smoke in any area wheresmoking is prohibited or restricted under section thirteen hundred nine-ty-nine-o of this article.§ 6. Subdivisions 1, 2 and 4 of section 1399-t of the public healthlaw, as added by chapter 244 of the laws of 1989, are amended to read asfollows:1. For the purpose of this article the term "enforcement officer"shall mean the board of health of a county or part county healthdistrict established pursuant to title three of article three of thischapter, or in the absence thereof, an officer of a county designatedfor such purpose by resolution of the elected county legislature orboard of supervisors adopted within sixty days after the effective dateof this [act] article. Any such designation shall be filed with thecommissioner within thirty days after adoption. If no such designationis made, the county will be deemed to have designated the department asits enforcement officer. Any county that does not designate an enforce-ment officer during the time period specified above may do so at anytime, thereafter, such designation will be effective thirty days afterit is filed with the commissioner. The enforcement officer shall havesole jurisdiction to enforce the provisions of this article on a coun-ty-wide basis pursuant to rules and regulations promulgated by thecommissioner. In a city with a population of more than one million theenforcement officer shall be the [board of health] department of healthand mental hygiene of such city which shall have sole jurisdiction toenforce the provisions of this article in such city.2. If the enforcement officer determines after a hearing that aviolation of this article has occurred, a civil penalty may be imposedby the enforcement officer pursuant to section thirteen hundred ninety-nine-v of this article. When the enforcement officer is the commission-er, the hearing shall be conducted pursuant to the provisions of sectiontwelve-a of this chapter. When the enforcement officer is a board ofhealth or in a city with a population of more than one million, thedepartment of health and mental hygiene, or an officer designated toenforce the provisions of this article, the hearing shall be conductedpursuant to procedures set forth in the county sanitary code, or healthcode of such city, or in the absence thereof, pursuant to proceduresestablished by the elected county legislature or board of supervisors.No other penalty, fine or sanction may be imposed, provided that nothingherein shall be construed to prohibit an enforcement officer fromcommencing a proceeding for injunctive relief to compel compliance withthis article.4. The owner, manager, operator or other person having control of [anindoor] any area [open to the public, food service establishment orplace of employment under] subject to the provisions of this article,shall inform, or shall designate an agent who shall be responsible forinforming individuals smoking in an area in which smoking is not permit-ted that they are in violation of this article.§ 7. Section 1399-u of the public health law, as added by chapter 244of the laws of 1989, is amended to read as follows:§ 1399-u. Waiver. 1. The enforcement officer may grant a waiver fromthe application of a specific provision of this article, provided thatprior to the granting of any such waiver the applicant for a waivershall establish that:(a) compliance with a specific provision of this article would causeundue financial hardship; or(b) other factors[, including but not limited to the physical layout,]exist which would render [strict] compliance unreasonable.2. [Notwithstanding subdivision one of this section, the enforcementofficer shall grant a waiver from the application of subdivision six ofsection thirteen hundred ninety-nine-o of this article to any applicantwho as the owner, operator or manager of a factory or warehouse demon-strates that the effects of smoking on employees in work areas have beenreduced to a minimal degree by factors, including but not limited to,the physical layout or size of such factory or warehouse.3.Subdivision two of this section shall not apply to work areas inseparate enclosed offices, employee cafeterias, lunchrooms or lounges ina factory or warehouse.4.] Every waiver granted shall be subject to such conditions orrestrictions as may be necessary to minimize the adverse effects of thewaiver upon persons subject to an involuntary exposure to second-handsmoke and to ensure that the waiver is consistent with the generalpurpose of this article.§ 8. Subdivisions 1 and 2 of section 1399-aa of the public health law,as added by chapter 799 of the laws of 1992, are amended to read asfollows:1. "Enforcement officer" means the enforcement officer designatedpursuant to article thirteen-E of this chapter to enforce such articleand hold hearings pursuant thereto; provided that in a city with a popu-lation of more than one million it shall also mean an officer or employ-ee or any agency of such city that is authorized to enforce any locallaw of such city related to the regulation of the sale of tobaccoproducts to minors.2. "Food service establishment" means any [indoor area open to thepublic or portion thereof in which the business is the sale of food foron-premises consumption and which has an indoor seating capacity ofgreater than fifty persons including, but not limited to restaurants,cafeterias, coffee shops, diners, sandwich shops or short order cafes]area, including outdoor seating areas, in which the business is the saleof food for on-premises consumption.§ 9. Subdivision 6 of section 1399-aa of the public health law, asadded by chapter 518 of the laws of 2000, is renumbered subdivision 7and two new subdivisions 8 and 9 are added to read as follows:8. "Tobacco business" means a sole proprietorship, corporation, limit-ed liability company, partnership or other enterprise in which theprimary activity is the sale, manufacture or promotion of tobacco,tobacco products and accessories, either at wholesale or retail, and inwhich the sale, manufacture or promotion of other products is merelyincidental.9. "Factory" means any mill or other manufacturing establishment whereone or more persons are employed in manufacturing including making,altering, repairing, finishing, bottling, canning, cleaning or launder-ing any article or thing.§ 10. Subdivision 2 of section 1399-bb of the public health law, asamended by chapter 508 of the laws of 2000, is amended to read asfollows:2. The prohibitions contained in subdivision one of this section shall not apply to the following locations:(a) private social functions [as defined in section thirteen hundredninety-nine-q of this chapter] when seating arrangements are under thecontrol of the sponsor of the function and not the owner, operator,manager or person in charge of such indoor area;(b) conventions and trade shows [that comply with the provisions ofsubdivision three of section thirteen hundred ninety-nine-q of thischapter]; provided that the distribution is confined to designated areasgenerally accessible only to persons over the age of eighteen;(c) events sponsored by tobacco or herbal cigarette manufacturersprovided that the distribution is confined to designated areas generallyaccessible only to persons over the age of eighteen;(d) bars as defined in subdivision [two] one of section thirteenhundred ninety-nine-n of this chapter;(e) tobacco businesses as defined in subdivision [twelve] eight ofsection [thirteen hundred ninety-nine-n] thirteen hundred ninety-nine-aaof this [chapter] article;(f) factories as defined in subdivision [four] nine of section [thir-teen hundred ninety-nine-n] thirteen hundred ninety-nine-aa of this[chapter] article and construction sites; provided that the distributionis confined to designated areas generally accessible only to personsover the age of eighteen.§ 11. Subdivision 7 of section 1399-cc of the public health law, asadded by section 1 of chapter 568 of the laws of 2001, is amended toread as follows:7. No person operating a place of business wherein tobacco products orherbal cigarettes are sold or offered for sale shall sell, permit to besold, offer for sale or display for sale any tobacco product or herbalcigarettes in any manner, unless such products and cigarettes are storedfor sale (a) behind a counter in an area accessible only to the person-nel of such business, or (b) in a locked container; provided, however,such restriction shall not apply to tobacco businesses, as defined insubdivision [thirteen] eight of section [thirteen hundred ninety-nine-n]thirteen hundred ninety-nine-aa of this [chapter] article, and to placesto which admission is restricted to persons eighteen years of age orolder.§ 12. Subdivision 2 of section 1399-cc of the public health law, asadded by section 2 of chapter 568 of the laws of 2001, is amended toread as follows:2. No person operating a place of business wherein tobacco products orherbal cigarettes are sold or offered for sale shall sell, permit to besold, offer for sale or display for sale any tobacco product or herbalcigarettes in any manner, unless such products and cigarettes are storedfor sale (a) behind a counter in an area accessible only to the person-nel of such business, or (b) in a locked container; provided, however,such restriction shall not apply to tobacco businesses, as defined insubdivision [thirteen] eight of section [thirteen hundred ninety-nine-n]thirteen hundred ninety-nine-aa of this [chapter] article, and to placesto which admission is restricted to persons eighteen years of age orolder.§ 13. Section 1399-dd of the public health law, as amended by chapter508 of the laws of 2000, is amended to read as follows:§ 1399-dd. Sale of tobacco products or herbal cigarettes in vendingmachines. No person, firm, partnership, company or corporation shalloperate a vending machine which dispenses tobacco products or herbalcigarettes unless such machine is located: (a) in a bar as defined insubdivision [two] one of section thirteen hundred ninety-nine-n of thischapter, or the bar area of a food service establishment with a valid,on-premises full liquor license; (b) in a private club; (c) in a tobaccobusiness as defined in subdivision [thirteen] eight of section [thirteenhundred ninety-nine-n] thirteen hundred ninety-nine-aa of this [chapter]article; or (d) in a place of employment which has an insignificantportion of its regular workforce comprised of people under the age ofeighteen years and only in such locations that are not accessible to thegeneral public; provided, however, that in such locations the vendingmachine is located in plain view and under the direct supervision andcontrol of the person in charge of the location or his or her designatedagent or employee.§ 14. Paragraph (a) of subdivision 2 of section 1399-ll of the publichealth law, as added by chapter 518 of the laws of 2000, is amended toread as follows:(a) The provisions of subdivision one of this section shall not applyto a tobacco business, as defined in subdivision eight of section thir-teen hundred ninety-nine-aa of this [chapter] article.§ 15. Subdivision 2 of section 409 of the education law, as added bychapter 565 of the laws of 1994, is amended to read as follows:2. Notwithstanding the provisions of any other law, rule or regu-lation, tobacco use shall not be permitted and no person shall usetobacco on school grounds[; provided, however, that smoking by adultfaculty and staff members may be permitted in a designated smoking areaduring non-school hours. For purposes of this section, school hoursshall include any student activity that is supervised by faculty orstaff, or any officially sanctioned school event]. "School grounds"means any building, structure and surrounding outdoor grounds containedwithin a public or private pre-school, nursery school, elementary orsecondary school's legally defined property boundaries as registered ina county clerk's office.§ 16. This act shall take effect on the one hundred twentieth dayafter it shall have become a law, provided that the amendments to subdi-vision 7 of section 1399-cc of the public health law, made by sectioneleven of this act, shall be subject to the expiration and reversion ofsuch section pursuant to section 4 of chapter 519 of the laws of 1999,as amended, when upon such date the provisions of section twelve of thisact shall take effect.The Legislature of the STATE OF NEW YORK ss:Pursuant to the authority vested in us by section 70-b of the PublicOfficers Law, we hereby jointly certify that this slip copy of thissession law was printed under our direction and, in accordance with suchsection, is entitled to be read into evidence.JOSEPH L. BRUNOTemporary President of the SenateSHELDON SILVERSpeaker of theAssembly