NY Pub Health L § 1399-Q (2021)
2021 New York Laws PBH - Public Health Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas 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.