2023 New York Laws › PBH - Public Health › Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas › 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.