2023 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.