N.Y. Public Health Law § 1399-q: Smoking and vaping restrictions inapplicable

§ 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 in which all of

the duties with respect to the operation of such association, including,

but not limited to, the preparation of food and beverages, the service

of food and beverages, reception and secretarial work, and the security

services of the membership association are performed by members of such

membership association who do not receive compensation of any kind from

the membership association or any other entity for the performance of

such duties;

(f) Cigar bars that, in the calendar year ending December

thirty-first, two thousand two, generated ten percent or more of its

total annual gross income from the on-site sale of tobacco products and

the rental of on-site humidors, not including any sales from vending

machines, and is registered with the appropriate enforcement officer, as

defined in subdivision one of section thirteen hundred ninety-nine-t of

this article. Such registration shall remain in effect for one year and

shall be renewable only if: (a) in the preceding calendar year, the

cigar bar generated ten percent or more of its total annual gross income

from the on-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 from its size or location since December thirty-first, two

thousand two;

(g) Outdoor dining areas of food service establishments with no roof

or other ceiling enclosure; provided, however, that smoking and vaping

may be permitted in a contiguous area designated for smoking and vaping

so long as such area: (a) constitutes no more than twenty-five percent

of the outdoor seating capacity of such food service establishment, (b)

is at least three feet away from the outdoor area of such food service

establishment not designated for smoking and vaping, and (c) is clearly

designated with written signage as a smoking and vaping area;

(h) Enclosed rooms in food service establishments, bars, catering

halls, convention halls, hotel and motel conference rooms, and other

such similar facilities during the time such enclosed areas or rooms are

being used exclusively for functions where the public is invited for the

primary purpose of promoting and sampling tobacco products or electronic

cigarettes, and the service of food and drink is incidental to such

purpose, provided that the sponsor or organizer gives notice in any

promotional material or advertisements that smoking and vaping will not

be restricted, and prominently posts notice at the entrance of the

facility and has provided notice of such function to the appropriate

enforcement officer, as defined in subdivision one of section thirteen

hundred ninety-nine-t of this article, at least two weeks prior to such

function. The enforcement officer shall keep a record of all tobacco

sampling events, and such record shall be made available for public

inspection. No such facility shall permit smoking and vaping under this

subdivision for more than two days in any calendar year;

(i) Retail electronic cigarette stores, provided however, that such

stores may only permit the use of electronic cigarettes; and

(j) Adult-use on-site consumption premises authorized pursuant to

article four of the cannabis law, provided however, that such locations

may only permit the smoking or vaping of cannabis.

2. The restrictions of this article on the smoking or vaping of

cannabis shall continue to apply to those locations identified in

paragraphs (b), (d), (f), (g), (h) and (i) of subdivision one of this

section.