Tobacco Documents Online

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