N.Y. Public Health Law § 1399-n: Definitions

§ 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 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.

3. "Food service establishment" means any area, including outdoor

seating areas, or portion thereof in which the business is the sale of

food for on-premises consumption.

4. "Membership association" means a not-for-profit entity which has

been created or organized for a charitable, philanthropic, educational,

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, and shall include, but not be limited to, offices,

school grounds, retail stores, banquet facilities, theaters, food

stores, banks, financial institutions, factories, warehouses, employee

cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators,

hallways, museums, libraries, bowling establishments, employee medical

facilities, rooms or areas containing photocopying equipment or other

office equipment used in common, and company vehicles.

6. "School grounds" means any building, structure, and surrounding

outdoor grounds contained within a public or private pre-school, nursery

school, elementary or secondary school's legally defined property

boundaries as registered in a county clerk's office, and any vehicles

used to transport children or school personnel.

7. "Retail tobacco business" means a sole proprietorship, limited

liability company, corporation, partnership or other enterprise in which

the primary activity is the retail sale of tobacco products and

accessories, and in which the sale of other products is merely

incidental.

8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or

any other matter or substance which contains tobacco or cannabis as

defined in section 222.00 of the penal law, or cannabinoid hemp as

defined in section three of the cannabis law.

9. "Vaping" means the use of an electronic cigarette.

10. "Electronic cigarette" shall have the same meaning as in

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

chapter.

11. "Retail electronic cigarette store" means a retail store devoted

primarily to the sale of electronic cigarettes, and in which the sale of

other products is merely incidental. The sale of such other products

shall be considered incidental if such sales generate less than

twenty-five percent of the total annual gross sales.