§ 1399-n. Definitions. For purposes of this article: 1. “Bar” means any area, 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. 2. “Employer” means any person, partnership, association, limited liability company, corporation […]
§ 1399-o. Smoking and vaping restrictions. 1. Smoking and vaping shall not be permitted and no person shall smoke or vape in the following indoor areas: a. places of employment; b. bars; c. food service establishments, except as provided in subdivision six of section thirteen hundred ninety-nine-q of this article; d. enclosed indoor areas open […]
§ 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1. Smoking and vaping shall not be permitted and no person shall smoke or vape during the hours between sunrise and sunset, when one or more persons under the age of twelve are present at any playground. For the purposes of this section, the term “playground” […]
§ 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking shall not be permitted and no person shall smoke in any public park. 2. For the purposes of this section “park” shall mean: (a) public parks, beaches, pools, boardwalks, marinas, playgrounds, recreation centers, and group camps; and (b) equipment, buildings and facilities now or hereafter under […]
§ 1399-p. Posting of signs. 1. “Smoking” or “No Smoking” signs, or “Vaping” or “No Vaping” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained where smoking and vaping are regulated […]
§ 1399-q. Smoking and vaping restrictions inapplicable. 1. This article shall not apply to: (a) Private homes and private residences; (b) Private automobiles; (c) A hotel or motel room rented to one or more guests; (d) Retail tobacco businesses; (e) Membership associations; provided, however, that smoking and vaping shall only be allowed in membership associations […]
§ 1399-r. General provisions. 1. Nothing in this article shall be construed to deny the owner, operator or manager of a place covered by this article the right to designate the entire place, or any part thereof, as a nonsmoking and nonvaping area. 2. The provisions of this article shall apply to the legislative, executive […]
§ 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 area in which smoking and vaping is prohibited or restricted pursuant to section thirteen hundred ninety-nine-o of this article to fail to comply with the […]
§ 1399-t. Enforcement. 1. For the purpose of this article the term “enforcement officer” shall mean the board of health of a county or part county health district established pursuant to title three of article three of this chapter, or in the absence thereof, an officer of a county designated for such purpose by resolution […]
§ 1399-u. Waiver. 1. The enforcement officer may grant a waiver from the application of a specific provision of this article, provided that prior to the granting of any such waiver the applicant for a waiver shall establish that: (a) compliance with a specific provision of this article would cause undue financial hardship; or (b) […]
§ 1399-v. Penalties. The commissioner may impose a civil penalty for a violation of this article in an amount not to exceed that set forth in subdivision one of section twelve of this chapter. Any other enforcement officer may impose a civil penalty for a violation of this article in an amount not to exceed […]
§ 1399-w. Limitation of causes of action. An employer, administrator, manager, owner or operator of any indoor area, food service establishment, or place of employment regulated by this article who complies or fails to comply with the provisions of this article shall not be subject to any legal liability or action solely as a result […]
§ 1399-x. Rules and regulations. The commissioner shall not promulgate any rules or regulations to effectuate the provisions of section thirteen hundred ninety-nine-n, paragraph f of subdivision one of section thirteen hundred ninety-nine-o or subdivision one of section thirteen hundred ninety-nine-p of this article. The commissioner shall not promulgate any rules or regulations that create, […]
