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

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