Tobacco Documents Online

APP= T.{ a. A LOCAL LAW' - n'RAB'T To amend t71e administrative code of the ci ty of' New York in relation to the control of pollution from smoking. Be it enacted by the City Counci'1 as, follows: Section 1. Chapter twenty-two of the administrative code of City of'. New y'ork ia hereby amended1by adding a new Title F' as followa: Section F22-1.0 Title Thi'.e Title shall be known as the Sbnoking Pollution Control Law Sect~ionF~2~~2'-2'~.~©~Find~inas and Pu~apome~ The City Council does hereby find thats Numerous studiese have found that tobacco smoke i's a ma jor. contributor toAndoor air pollutiont andd th e Reliabler studies have shown that breathing second-hand' smoke is a signiftcimt bealth hazard for several population grouQs, including elderly peoAsp individuals vith cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway diseaser and ~fb~ V II Health hazards inducscli by breathing'seQond-hand smoke include M~ Xlung cancer, resp.iratory inlfection, decreased exercise tol:erance, ~ ~ ~

LOCAL LA.W' PAGE' ( 2'J DRAF'T - MARCH 20, 19'g5' increased respiratory infection, bronchoconstriction, and bronchospasm; and Nonsmokers who suffer allergies, respiratory diseases and other ill effects of breathing secondhand smoke may experience a loss of job productiv!ity or may be forced to take periodic sick leave because of such adverse reactions; and Numerous studiies have shown that a ma joai~ty of both nonsmokers and' smokers desire to have restrictions on smoking in: public places and places of employments and' Smoking is a potential cause of fires, and cigarette and ci'gar burn& and' ash stains on merchandise and'd fi'ztures causing losses to businesses< Accordingly, the City Council finds and; declares that the purposes o~~f~ thi's~ larr~ ars~ (1)' to~ protect the public heaSth~, an~d~~ wel fare by~ pr~ol'iibi~ting s~noking~~ i'n public place~s~ ex~cept~ in des~ignate~d smoking areasr, and, by rcgtl-lating saoking in places of employment: and: ('2 )' to strike a re8ronab.Iic; balance between the needs of per sons and to recognize that, wheYe these needs. confli'ct, the need, to, breathe~smoke.-free air shall havre priority. Section F2'2'-3,A Definitions The fiollowing, words and phrases, whenever used in this, Ti tle, shall

LOCAL LAW PAGE (3) '. D'R'AF'P~ - MAR'~CH~ 2~~a1, 198~~6~~ be constrLed~ as defined in this section: (I~ "£ar" means an area which is devoted to the serving of alcoholic beverages.for, consumption by guests on th& premi!ses~ and in which the serving of food' is only incidential to the consumption of such beverag,ea. Although, a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. ('2), "Buainess" means any sole proprietorship, partnership,, j'pint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goodwor services are sold as well as profesaional corporatiens and other entities where legal!,medical, dental. engineering, architectural or other professional, services are delivered'. (3')~ "Department" meanw the New. York City Department of Health. (4), "Dining Area." means any enclosed area containing a; councLar or tables upon which meals are served. ( 5) "rmployee' means any person who is esp:;oymd by any, employer in consideration for direct or indirect monctary wagea or profit, and any person who volunteers his or hor services for a non«-profi'.t entity.

LCCAL LAW ~ PAGE (41)~ DRAFT - MARCH 2'0, 1786 C6a' "E~mployer"'means any person, partnership, corporation, including the City of New York, or non-profit entity, who employs the services of one or more individual persons., ( 7) "Enclosed Area" means all space between a floor and ceiling, which i& enclosed on all sides by solid, walls or windows (exclusive of door or, passage ways) whi'ch extend from the floor to the ceiling, including alli space therein screenedby partitions which do not extend, to the ceiling or are not solid, "offlice landscaping" or similar structures. ('8)I "Motion, Picture Theatre" means any theater, engaged in the business of, exhibiting motion pictures. (9), "Non-Profit Entity' means anX corporation., unincorporalted association or other entity created for charitable,, philanthropic, educational,, character bwlildling, political.~ social oir other similar purposes, the net proceeds from the operatfonsLot ahiZh are committed to the promotion of the ob jects or purposws° of ths org,antsation. and not to private financi!a3 gain- A publAs agency is not a"non-profi't entity" within this meaning of this section:. (10), "Place offtploysent" means any enclosed area undorthe control of a public or private employer which employees normally

LACAt. LAW PAtiGE' ( 51) ' DRAFT' - MARCH 20, 1986 fr~e~q,ue~~alt, during th~~e~ cours~e~~ o~~f' employment, including, but' no~t. IimItedl tol, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and riallwaye. a. A private residence is not a"place oflemployment" unl'es'~sit~ i& used as a child' care or hea~lth, care facility. . The dining area of' a restaurant is aot a"p];ace of employment. " (11) "~Pub~~1i!c~ Place"' means any enclosed~ area to~ which ~ the publi~~c~ i's invited or' in which the public i's permitted, including but not~ lim~i~ted~~ to~i.~ banks, educational facilities, h~~ealth~ fa~ci~l~i~ties~,, malls, publictra~nsporta~t~i~=faciliti~es, re~ce~pt~ion areas, restaurants, retail food producti'on andmarketingestablishments, retail service establishments, retail stores, theatres and waiting roi A private residence is. not a "'pub'lic place." (12) "Ratauaant" mesac any coffro shop, calfeteria, l'uncMeonetteRtavern.coc:;Csil loung..,,saadotkch~ s~tana, sodafountaiaa paivato and public xchcol cafstera'a or, eating establishment, and any other eating establi'shsent, organisation, . CZ club, including v:tQrans." club,, bo&'rdinghouse, or guesthous., UT which gives or' oflfern for smla food to, the public,, guestsi,' ~, .".~. m My

LO CA L LAW PAGE (6) DRAFT - MARCH 20, 1986. patronr or employees as well as kitchen&in which food' is prepared on the premises for sezaing elsewhere, including~ catering facilities except that, the term, "'restaurant" shall not include & cock~tail lounge~ or~ tavr~ern, or~ pa~rt~~ th~~ereo~~f~ rvhich~ is a "bar" as defined inisection F22L3. 0(1)1. (13') "Retail Tobacco Store` means a retail store utilized! ,pri~mairi~ly~ for, the sa~le~, o~fl tobacco~~ products and accessories and in which the sale of other products is merely incidental. (14) "ServiceLine"'means any indoor line at which one (1) or more persons are waiting for or receivi:ng service of' any kind, whether or not such service involves the eachange of' money. (15) "Smoking," means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, wee4, plant or any other form of Tighted object or dawic+s meant to be inhaled!. ('16) "Sposts• Arena' means sports pavi'lions. gymnasiums, healt,hh spas,, bozinaf arenas, swimming polls~, roller and ice rink,s, bowling a1l'sys and other similar places where seabcss of the. general public assemble either to engage in physical, e:ercise., participate in athletic coapetition or witness sports events.. Cn' Seetion F22-~4~~.~0~ Avol~icat~io~n~ of~ ''itle to~ C~itY-Own~ed~ Facilities ,i OD All enclosed facilities owned by the City of New York shall be ~', . N

LACAL LAWPAGE ( 7:) DRAFT' - MARCH' 20', 19'86 subject to the provisions of thi's Title. Sectibn,F22-5.0 Prohibition of' Smokingiin Public Places Smoking shall, be prohibited in all enclosed public places within the City of New York, including, but not limited to:, the followiing places, and with the following ea¢captionsx (1) Elevators (2) Buses, tamicabs, andr other means of' public transit and ti:ket, boarding, and waiting areas of public transit depots;; provided'., however, that this prohibition does not prevent (a). the establishment of separate wai'ting areas for smokers and nonsmokers of' equal silse, or (b) the establishment of a maxi'mumm oflfifty percent (50t) of'a given waiting room as a smoking area, if adequato ventilati'on subject to the approval of the Department is provided so as tolavoi'd smoke or other similar pollutants resultingm fros smoking in the non-smoking area,. (1 3), Restroossr_. Gb V ~ ~ ('4) Service lines. m ".a m. W (5) Retail stores, except areas in said storee not open to the public and all areas within retail tobaccolstores.

LO CAL LAW PAGE ( 8) DRA:FT - MARCH 20,, 1966 ( 6)~ All area~~s~ a~vailable~ to~~ a~nd~ cu~stom~~ari1!~y~ u~se~d~ by ~ th~e~ qene~r~all public in all busi'nesses and non-profit entities patronized by the public, including~but not limited to, attorneys' offices and other offi'cea, banks, hotels and motelw. (',7~~)~ Res~taurants~~ prov~ided,, however, that, th~is~ pr~~oh,ib~ilti~on do~e~s not prevent (a)~~ the designation of~ a contiguous ar~e~a, within a~~ restaurant that contains a maximum of fifty percent (S0$) of the seating capacity of the restaurant as a smoking area if adequate ventilation subject to the approval of the Department is provided so~ a~s~~ toavo~~id~ s~m~oke~ or other s~imi!l~a~r po~Tlu~ta~n~ts~ reaulting from smoking in the non-smoking area or (b) the providing of separate rooms for smokers andi nonsmokers so longg as the rooms designated for smoking do not contain more than fi fty percent (SG1) of' the seatingicapacity of' the restaurant . (8) Public a~r~ea& ~ of aquariums, galleries, libr~mr~ies;and museums ~ when operr trr ths, publicr provided, however, that this prohibit3owdtreek-Mt-pravcntthc d.oignation ofl a. separate roomm for smoki'ng in suc?': arcEr.. (Z (9) Any building sky not op.n to! th. k. which is primarily used, ~ .y f~or~, or~ desi~gned~ for~ th.~ primary purpase of ezh~~i!b~~iti'~n~g any ~ ~~ motion picture, stag., drama, lecture, musical recital or other ~

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