A11385 Rules (Destito) No Same as
Public Health Law
TITLE....Relates to permitting smoking in bars, bowling recreation
centers and billiard recreation centers under certain restrictions
06/03/04
referred to health
STATE OF NEW YORK
___________________
11385
IN ASSEMBLY
June 3, 2004
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Destito,
McLaughlin, Klein, Magee, Abbate, Morelle, Schimminger, Tocci, Peral-
ta, Seminerio, Smith, M. Cohen, Gantt, Cusick, Lavelle, Seddio,
Boyland, Cook, Cymbrowitz, DelMonte, Gordon, Higgins, Pretlow, Towns)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to permitting
smoking
in certain establishments under certain circumstances
The People of the State of New York, represented in Senate and
Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1399-n of the public health
law,
2 as amended by chapter 13 of the laws of 2003, is amended to read
as
3 follows:
4 1. "Bar" means any area, including outdoor seating areas,
devoted to
5 the sale and service of alcoholic beverages for on-premises consumption
6 and where the service of food is only incidental to the consumption
of
7 such beverages. Service of food shall be considered incidental
if the
8 food service for on-premises consumption generates less than
forty
9 percent of total annual gross sales.
10 § 2. Subdivisions 1 and 2 of section 1399-o of the public
health law,
11 as added by chapter 13 of the laws of 2003, are amended to read
as
12 follows:
13 1. places of employment, except as provided in subdivision
seven of
14 section thirteen hundred ninety-nine-q of this article;
15 2. bars, except as provided in subdivision seven of section
thirteen
16 hundred ninety-nine-q of this article;
17 § 3. Subdivisions 6 and 7 of section 1399-q of the public
health law,
18 as added by chapter 13 of the laws of 2003, are amended to read
as
19 follows:
20 6. Outdoor dining areas of bars or food service establishments
with no
21 roof or other ceiling enclosure; provided, however, that smoking
may be
22 permitted in a contiguous area designated for smoking so long
as such
23 area: (a) constitutes no more than twenty-five percent of the
outdoor
24 seating capacity of such bar or food service establishment,
(b) is at
25 least three feet away from the outdoor area of such bar or
food service
EXPLANATION--Matter in italics (underscored) is new; matter
in brackets
[ ] is old law to be omitted.
LBD16721-06-4
A. 11385 2
1 establishment not designated for smoking, and (c) is clearly designated
2 with written signage as a smoking area; [and]
3 7. (a) Bars; (b) a separately designated room for smoking in
a bowling
4 recreation center and; (c) a separately designated room for
smoking in a
5 billiard recreation center, where, at each such establishment,
an air
6 purification device approved by the department is in operation.
The
7 department shall only approve such device if: (a) it uses a
high-effici-
8 ency filter media, such as a high-efficiency particulate air
(HEPA)
9 filter, and it can be proven that when properly operated, the
air
10 purification device removes at least ninety-nine percent of
all airborne
11 particles greater than 0.3 microns in size, and it uses an
activated
12 carbon and/or zeolite filter media that provides at least
one-half pound
13 of filter media per ten thousand cubic feet of area in which
smoking is
14 permitted; (b) the air purification device
must have sufficient air flow
15 capacity to provide at least ten air changes per hour in those
areas in
16 which smoking is permitted; and (c) the owner of the facility
where
17 smoking is permitted attests that the device shall be in operation
18 during any period in which smoking is permitted. The enforcement
officer
19 shall be required to certify that a facility has an approved
air purifi-
20 cation device in operation and has met all other requirements
of this
21 article before smoking may be permitted. Facilities receiving
such
22 certification shall maintain a copy of the certification on
premises and
23 available upon request by any agent of the enforcement officer;
and
24 8. Enclosed rooms in food service establishments, bars,
catering
25 halls, convention halls, hotel and motel conference rooms, and
other
26 such similar facilities during the time such enclosed areas or
rooms are
27 being used exclusively for functions where the public is invited
for the
28 primary purpose of promoting and sampling tobacco products, and
the
29 service of food and drink is incidental to such purpose, provided
that
30 the sponsor or organizer gives notice in any promotional material
or
31 advertisements that smoking will not be restricted, and prominently
32 posts notice at the entrance of the facility and has provided
notice of
33 such function to the appropriate enforcement officer, as defined
in
34 subdivision one of section thirteen hundred ninety-nine-t of
this arti-
35 cle, at least two weeks prior to such function. The enforcement
officer
36 shall keep a record of all tobacco sampling events, and such
record
37 shall be made available for public inspection. No such facility
shall
38 permit smoking under this subdivision for more than two days
in any
39 calendar year.
40 § 4. Section 1399-x of the public health law is renumbered
1399-y and
41 a new section 1399-x is added to read as follows:
42 § 1399-x. Air purification certification. 1. Any facility
in which
43 smoking is permitted pursuant to subdivision seven of section
thirteen
44 hundred ninety-nine-q of this article shall post a sign, in
a form to be
45 developed by the department, at or near all entrances to the
facility of
46 such a reasonable size so as to advise the public that smoking
is
47 permitted in the facility. Signs designating smoking and non-smoking
48 areas inside the facility shall be prominently posted.
49 2. Any facility in which smoking is permitted pursuant to
subdivision
50 seven of section thirteen hundred ninety-nine-q of this article
shall
51 advise its employees in writing, in a form to be developed
by the
52 department, that smoking is permitted in such facility.
53 § 5. This act shall take effect immediately.
