N.Y. General Business Law § 396-aaa: Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited

§ 396-aaa. Public display of tobacco and electronic cigarette

advertisements and smoking paraphernalia prohibited. 1. For purposes of

this section:

(a) "Advertisement" means words, pictures, photographs, symbols,

graphics or visual images of any kind, or any combination thereof, which

bear a health warning required by federal statute, the purpose or effect

of which is to identify a brand of a tobacco product, electronic

cigarette, or vapor product intended or reasonably expected to be used

with or for the consumption of nicotine, a trademark of a tobacco

product, electronic cigarette, or vapor product intended or reasonably

expected to be used with or for the consumption of nicotine or a trade

name associated exclusively with a tobacco product, electronic

cigarette, or vapor product intended or reasonably expected to be used

with or for the consumption of nicotine, or to promote the use or sale

of a tobacco product, electronic cigarette, or vapor product intended or

reasonably expected to be used with or for the consumption of nicotine.

(b) "Smoking paraphernalia" means any pipe, water pipe, hookah,

rolling papers, electronic cigarette, vaporizer or any other device,

equipment or apparatus designed for the inhalation of tobacco or

nicotine.

(c) "Vapor product" means any vapor product, as defined by section

thirteen hundred ninety-nine-aa of the public health law, intended or

reasonably expected to be used with or for the consumption of nicotine.

(d) "Tobacco products" shall have the same meaning as in subdivision

five of section thirteen hundred ninety-nine-aa of the public health

law.

(e) "Electronic cigarette" shall have the same meaning as in

subdivision thirteen of section thirteen hundred ninety-nine-aa of the

public health law.

2. (a) No person, corporation, partnership, sole proprietor, limited

partnership, association or any other business entity may place, cause

to be placed, maintain or to cause to be maintained, smoking

paraphernalia or tobacco product, electronic cigarette, or vapor product

intended or reasonably expected to be used with or for the consumption

of nicotine, advertisements in a store front or any exterior window or

any door which is used for entry or egress by the public to the building

or structure containing a place of business within one thousand five

hundred feet of a school, provided that within New York city such

prohibitions shall only apply within five hundred feet of a school.

(b) Any person, corporation, partnership, sole proprietor, limited

partnership, association or any other business entity in violation of

this section shall be subject to a civil penalty of not more than five

hundred dollars for a first violation and not more than one thousand

dollars for a second or subsequent violation.