Tobacco Documents Online

IA C'AL LAW' PAGE ( 9 ) DRAFT - MARCH' 20,, 19'66 similar performance, except when smoking is part of a stage production; provided, however, that thi'~s prohibition does not pr'event the designation of a contiguous area containing a maximum, of fifty percent ('50=) of'any area commonly called aa l;obbyas a smok,ing area. (10) Sports arenas and convention halls, which are not open to the sky, except in designated smoking areas, which designated area shall not exceed 50= of seating capacity if adequate ventilation subject to the approval of the Department is. provided solas to avoid smoke or other similar poll'utants resulting from smokingiin the non-smoking area. (11)' Every room, chamber, place of' meeting or public aasembly,, includ'i'ng school buildings under the control: of any board,. council u commissfion, cozmdttee, including joint committees, or agencies of the City, or any political subdivision ofl the State duri'ng such timeias a public meeting is in prograss. (,12)Waiti'mg rooms„ hallr+ayys, wards and, semiprivate rooFac of health facilities, including, but not limited to, ho€pi'tslw, clinics., physical therapyfacilitiesr doctors' officea, and d'enti'~sts~~'~~ officesi.. Ih~ b+ed'~ space ~ areas of~ hea~l~thl fa~cilit~i~es~ used~ for two, or more patients. smoking shall, be prohibited' unless all patients within tt.e room are smokers and request in kriting upurk

LOCAL LAW' PAGE (' 10' ). DRAFT - MARCH 20, 1986' th~e~~ health ca~r~e~ facil~i'ty,~~'& admiss~i~on form~~ to~ be placed in, a~ r~com~~ where smoking is permitted'. 8ection_F2'2-b.0~ Requlation of Slnokina i'n Places of EmwSoyatent. A~. It shall be the responsibility of employers to provide smokefree areas for nonsmoking employees within existing, facilities to the: maxi!mum extent possible. . Within 90, days of' the effective date of' this Title, eacbemployer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain: written smoking policy which shal1 contain, at a minimum the following requ!irements: 1. Any employes in a place of emplo!yment shall have the ri gh!t to designate his or her work area as a nonsnoking area and too post the same with an appropriate sign or signs, to~ be provided' by the employer. if, due w the proximity of smokers, size of th,e wor7c area, poor ventilation or othar, factors, suchh des ignatiossi does not reduc& the, ef facts~ of smoke, the employer shall make:additiona2 accomsodation by reassilgning the employee to a! di fferent- work a=sa,, ex1panding thr sise of' the~ work area sublj.ct to the prohibition against smoking or isplementing other measurem reasonably designed to~minimise or eliminate the QD C!t M ef'fects of' ssmke on thc~ employee. ZIA,. OD fb 05

LOCAL LAW PAGE (11) DRAFT - MARCH' 20',, 1966 2'. Prohibition of smoking in aud'itoriums, classrooms, con'ference and: meeting rooms, elevators, hallways, medi~cal facili!ties and restrooms. 3. Provi'sion and maintenance of separate and'contiguous nonsmoking areas of not less than fi fty percent ( 503 )~ of the seating capacity and floor space in cafeterias, lunchrooma and employee loung,es if adequate ventilation subject to the apprbva1 of the Department is, provided so: as to avoid smoke or other Aimilar pollutants,resuyting from smokfng, in the non-amoltingg area or provision and maintenance oflseparate.and equal sized cafeterias, lunchrooms and employee loung,es for smokers and n ons mio~k ers . 4., In any dispute arising under the~ seoki'ng policy, the heal!thh concerns of the:nonsaoker shall be given precedence.. C., 'i'he smoking policy shall be cromaunicated to all employees wi.thinf threet (~3) w.eks of i'ts adoption. D. All employers shall supply a written copy of the smoking policy upon request to artp .uisting or prospective employee. m. E., A copy o:fl the smoking policy shall be provided! to the ~' mD tj Sealth~ Departaent or any other Ci'tyagency uponr'equest . ~

LO CAL LAW PAGE (12) DRAFT - MARCH 20, 1986 Section F22-7.0 Where,Smoking Not Regulated No.twithstanding any other procrisi'on of this Title to the contrary, the following areas shall not be subject to the amoking,res.tri~ctiorns of this Title: 1. Bars.. 2. Private residences, except when used, as a child care or health, care facility. 3. Rotel and'motel rooms rented to guests. C Retail tobacco stores. 5., R'estaurants, hotel and' motel conference or meeting rooms andd public and private,assenbly rooms while these places are being used for privata functions. 6. A priaateenclose4 office workplace occupied exclusively-by ssoikera-,, evear though such an of f i ce workplace may be v:is i ted be, MI nonsmok ers.. .612b GD t.J OD Section P22-9.0 Posting of Sians A. "Smokiing' or "No 9aoking" signw. whiichever are appr-cpri'ate, with letters~ of not less than one inch t'~1"~y in hei!gqh~t~ or

L0 CeAL LAW PAGE (13)~ DRAFT - Ni'ARCH 20, 1986 thle international "'No Smoking" symbol (consisting of a pictorial representation ofl a burning cigarette enclosed in a red circle with! a red! bar across it)l shall be clearly, sufficiently and' conspicuously posted'in every building or other place where smoking isl regulated by this Title, by the owner, operator, manager or other person having control ofsuchbu~ildingorother place. Bl. Ev!ery theatre owner, manager or operator shall conspicuously post signs.in the lobby! stating that smoking isl proh,ibited, wi;thin the! theal or auditorium,and in the case of motion pi'cture theatera, such, informati'on shall bee shown upon the screen for at least five (5) seconds priorr to the showing of each feature motion picture.. C. Every restaurant shall have posted at every entrance a conspicuous sign: clearly, stating,that a nonsmoking section is available, and every paVon shall be asked as to his or her preference. Section! F22T-9.0i Enforcement A. Enforesaont of this Title shall be impiemented "by th,e Department. In addition to employees of the Department, police officers and employees of the D+spartment of Buildi'ngs, Department of Consumer Affmirs, Department of Ehvironsentsl Protection., Fire Department, and Department

LO'CAL LAW PAGE (14) DRAFT' - MARCH 20'. 19,86 of' Sanitation may enforce the provis ions of this Ti tle. B. ' Any citiaen who desires to register a complaint under this T~i~t1~e~~ may~~ do; so with th~e~ Department. C. The Fi~re~ D+epartmen~t~~ o~~r~~ th~e:, Heal th~ Department shall r,equ~ir~e,. while an establishment is undergoing otherwise mandated' inspections, a "self-certification" from the owner, manager, operator or other, person having control of'such establishment that all requirements of this Title have beend complied with. . Any owner, manager, operator or employee of'any establishment regulated by this Title shall inform personns violating this Title of' the appropriate provisions thereof. Section P22-10.0 Violations and' Penalties A. It shall be unlawful for any person who owns, manages, opeaates or otherwise controls the use of any preaises subj'eet" ty regulation under this Title to fail to comply wit2a anTot' its provisi'on.z. ThG oc.ner, manager or operator of' a restaurant shall notbQ dc®eed in violation of' Section P212'-81.010 i f the host or, hoctsco of the restaurant fails to ask the seating pr.ference of patrons, but shall be deemed in violation thereof' if' the reataurant has no stated' Policl+" requiring that patrons be asked thsir prsference.

Z,0'C'AL LA:W' PAGE' (115) DRAFT - MARCH 20, 1986 B. It shall be unlawful for any person toismoke iniany area . where smoki'ng isl prohibited by the provisions of this Ti t1e . C. Any person who violates any provia ion of' this Ti t1e shall be guil:ty,~ o1 a~ civil v~~iola~tio~~n, which~, shal~l~ b~e, adjudicated before the Administrasi've Tribunal of the Department.. Violations shall be punishable byx 1. A fine not exceeding two: hundred'~ dollars ('$2'00) for a first. -iioTationi. 2. A fine not exceeding four hundred dollars ($40'0), for a second violation o!' this Title within one ('1) year. 1., A fine not exceeding one thousand, dollars (41000) for each, additional violation of this Title within one (1) year. Section P2Z-1L.Q Nonretaliation. No person. or e=ptoyer shall discharg.~,refuse to hire or in any manner, retaliate against any eaployee . or applicant for enployaaent because such employeee or applicant exercises any rights afforded by thils Title. Section P22-12.0' PIa i v e r

' LOCAL LAW PAGE (16). DRAFT - MARCH 24,, 198'6 The.Depar*ment shall have the authority to grant a waiver from a specific prov!ision of this Title, in a particular case, subject to~ appropriatec~onditions~,where such, wai!veris:n harmony with the general purpose and intent of this Title. Section F22-13.0'Public £ducation The Department shall engage i'n a continuing program to explain and clarify the purposes of this Title to citizens affected by it, and .k to guide owners, operators and manager& in their compliance with it. Section F2'.2'-14.Q Governaental Acencv Cooveration, The Department shall annually request other governmental and'educationali agencies hav:ing faci'.Tities withi'n: the City ofl New! York to establish local operating procedures in cooperation and' compliance with this Title. Section F22-15.©0 other Apnli'cable Laws Nothing in thiw Ti'tle shall not be construed t* permit smokingwhe re it is othert.izs restricted bylaw, or shall be construed to! preclwde an owner, oprratorr, nanager, or other person having contsol of any establishment- frosr prohibit3ng, smoking in such establishment or portion.thereof. Grj .y ~ ~ Section F22'-16'.41 Severabillity Ca Tf'any provision, clauGe, sentenco or paragraph ot'thia Titl'e or the.

IA.GAL~ LAW PAG€ (17) DRAFT - MAEtC'Fi' 20', 1986 application thereof to any person or circumstances shall be held invalid, suchi invalidity shall not affect the other provisions of thisiTitSe which can be give.x effect without the invaTidi prov!ision or appli'cation, and: to this end the provisions of' thi'~s Title~ are declared, tobe severable. Section 2'. This Title shall be effective ninety (~90'): days from and after the . date of i'ts~ adopt~i~on,~ a~nd, ~ shall b~e~ rev~iewed w~i th~i'~n one~ year o~fi ts~, ef'fective date. 1181 K

ME M O R' AND U'. M I N. S U' P P O R T LEGISLATYVE' The Smoking,Pollution Control Act of 1986 REFERENCE TITLE' AN ' ACT' to amend the administrative code of the city of',Nsw York in relation to the control of pollution from smoking. SLAMMARY OF This act will (1)' protect the public health and PROVISION'S' welfare by prohibiting smoking in public places except in designated smoking area~s, and by regulating smoking in places of employment; and(2), strike aa rea~sonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority. Specifically, the act prohibits smoking in all enclosed! public places within the City of'New York, including elevators:, buses, taxicabs and other means of public transit, retail stores, and all public areas, at a71l businesses and non-profit organizations. Restaurants and enclosed sports arenas and convention halls may have up to 50'$ of, seating capacity designated as a, smoking, area .4f adequate ventilation is provided. Theaters may designate up to 50% of lobby space for smoking.. ASso,, all empSoyers are required to implement and maintain a written smoking policy which acknowledges and protects the ri!ght of any employee to smoke-free air. Any employee may designate his or her work area as a, nonsmoking area. E~nployers must take stepss such as reassigning employees to a different work area or improving ventilation in order to minimize or eliminate:the effects of smoke on employees. in any dispute, the:health concerns of the nonsmokers will be:given precedence:. The act does not regulate: srnoking in bars, private residences,, hotel and motel rooms, retail tobacco stores,, or, offices occupied exclusively by smokers. Enforcement of the ordinance will be implemented by the New York City Department of Realth, Anyone found guilty of violating this, act can be fined up to: $200 for a first offense, up: to $400 for a second'violation within one year, and up to~$1,000 for each additional violation within one year. A waiver from specific provisions of the act may be granted, if such a waiver, is not contrary to.the.rights of nonsmokers. The act allows any owner or operator of a facility to designate all or any portion of'the facility as anonsmoking area. . ~