2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 1399-DD-1 - Public Display of Tobacco Product and Electronic Cigarette Advertisements and Smoking Paraphernalia Prohibited.

§   1399-dd-1.  Public  display  of  tobacco  product  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 this article, 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 this article.
(e)  "Electronic  cigarette"  shall  have  the  same  meaning  as   in
subdivision  thirteen of section thirteen hundred ninety-nine-aa of this
article.
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 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.