Tobacco Documents Online

d. Aii empiovers shall sut:nlv a wt^.tten copy of the smokinZ polic•r upon request to anV'emplovee or orospective emvlovee. e. A conv of the smoking nolicy shail, be nrovidedo to the, departmenti, the deDartment of' buildin¢s, the department of consumer affairs, the deDartment of' environmentai tDroteetion, the fire department or the department of sanitation unon reguest',. f. This section shalli not be construed to nermit smokin¢ in anv enclosed area in which, smoicinZ is prahibited, nursuant to secton 17-a03. 3'S7-5A5 Where smoking is not reguiated. N'otwithstandin¢ any provision of' this charter to the contrary. the following areas shall not be subiect, to the smokinQ restt^ctons of this chapter: a. Bars, including anw bar within a restaurant. b.. Private residences, excent' when a child csre or heaith~ care facility is operated therein; orovided however that, a cottimon area of a multiple d'wellinq which contains ten or more units sha11 be subiect to smold.ttg restr!ctions when itt is a place of employment or aPublic Dla.ce. c. Hotel and moteL rooms occunied by, or avaiiabl+e forr occuflancv by, guests. d. Retail tobacco stores. e. Enclosed areas in rest,aurants, hotel and motel cpnference or meetinst rooms and public and orivate assembEy ronms' during the tiiae these onclosedi areas~ or rooms places are used exclusiv.eitir f.'ir cri:<:zte functions.. f. Restaurants containing enclosed, areas with a*otali capaci3y of less than for2y customers, whether seated or standing. The commissioner shall oromudZate rules and resavdations by which, the person who owns, mana¢es, operates or otherwise controls: any such: restaurant shali ~ certif7' to the department the csDacit'7 nf aa ?nclosed ac =ss. ~ .~ ~. -11-

c l17-508' Posting of signs. a. Except' as may otherwise be nrovided bv rules and regulations promulizated by the commissioner„ "5mokin¢"' or "Vo Smoki¢te'' si¢ns, whichever are aDprooriate„ with letters of not less than one inch in hei¢ht or the international "Smoking" or "No SmolQ,n¢" sYmbols, whichever are appropriate, of' a size and style to be determined by the commissioner, shall be cleariv postedi in consnicuous spots, such that t!hev will be clearl~z and easiTy noticed, at, all maior entrances to,, and at freovenr intervals within, each enclosed nrea where smoitin2 is etohibitedt pursuant to sections 17-503 and 17-504„ or zermitted nursuant to sections 17-"a03, 17-50;i1 and 1'7-5,05' bv the owner,, ooerator, manaraer or other person havin¢ control of such enclosed area.. b. Every theater, owner, manaster or oDerator she11! post signs in, conspicuous places in the lobby' clee.rly' statinZ that smolang , is prohibited within the theater or, auditorium, and in the case of motion picture theaters, such information sha11 be shown uuon the screen for at, least five seconds arior to the showing of' each, feature motion picture. e. Every restaurant, other tham restaurants in which smoking is not' revU9ated pursuant to subdlvision e of section 1i7-505, shall have posted' at ever4 entrance a conspicuous siQn clearlv stating that a nonsmokinq _ section is available. When an employee responsible for seating atzsnQements is on duty, each oatroa, prior to bein;C seated, shall be asked his or her preference re¢ardin¢ seat location in a smaking or nonsmokinq secton. 91'7-507 Enforcement. The department, shall, enforce the: provisions of this chapter. [n, addition to emnloyees of' the deyetrtment', --mplovees of the: department of buildinzs, department of consumer affairs, department of, environmental protection, fire deaarcment, and department of sanitation shall have the oower to enforce thee prowis'eons of this chapter. ~ b. Any ' person *+ho desires to rec'ister a, ^aarpiaint under t'his, V wj chapter may do so with the denartment. ",A ~ © a. -12-

c. d. The owner, man.a¢er, operator or other nerson having , con:rol of a public, place or place of employment, or nortion thereor.'. shs11 infarr-,, or shall designate an~ agent who: shall be responsible for informi'nQ,, anF' person smoldng in an ene:osed' area ih, violation of this chapter that: such person is in violation, of t'his~ chapter and': sublect~ to the ci'vil penalties orovided in, section 17-508I. The department shsll seek t'o obtain voluntary compliance with this chapter by means of nublicitv and education oroaram, and the issuance of' warninzs', where arnronmate. l17.-508 V'iolations, and cenaities. a. b. It shall, be unlswful for any person who owns, TtanaZes,, operates or otherwise controls the use of aremises, in which, smoii3ncr is orohibited~ pursuant to: section 17'-503, or the designated aQent thereof, to fail to compiy with anv 'iiaitation on the size of' an area desiQnated for smol¢inQ nursuanr to subdivision a of section, 117-503, to fail to nost the sig*ts regu:red' by section 17-506, or to fail t'o make a, zood faith effort, to comply w'ith subdivision c, of, section 17r507~. In act_'~ons brouQht for violetions' of this subdivision, it shall be an affirmsti^e defense that durinQ the i*elevant time oetnod, actual control of tbe premises w1r not exercised b:,T the resnondent't nr a person •inder the control of the respondent, but: rathier'by a lessee, subtessee or any other person, provided that after receiv-ing ' the notice of violati'on, the respondent notifies the dqpartment pramntiv' that 2is or she has not exercised actual contr-A , durir;¢ the relevant time neriod. It shall be unlawful for a.n, emplbuer whose place off empioyment is subiect to regulation under sectzon 1',7'-544. *.o fa;il to~ comply with: the provisions of that section, includin2 the adoption, imDlement'auon„ makinst known, and maintenance of a written.n smokiniLZ wlicy which, conforms to the requlremenssof~s subitivision b nf sectYbm 17-504!, or to fail! to :aake a, Zood faith, effort to comnPV with subdivision c of sect':on 17-i'07. 'n actonss brouqht fcr v olgt!ons of this subdirrision, :t sltiail be an -:,3'~

affirmative defense that the emDiover has made good faith! ~rfarts to ihsure that employees compiY with the nrovisions af such written smokina policv. c. It shall be unlawful for any: person who awns, mana¢es or operates a restaurant in which smokin¢ is restricted' to designated areas pursuant to DaraZraph five of' subdivision a afi' section 17-503 to fail to make aood fa'rth efforts to insure thatt emnloVees resuansible for seatin¢ arrangements substan:.islly compiy wi.th~ the requirements of subdivision c of section 17-506. d. It shall be unlawful for any' cersom to smoke ih an:- area where, smolang is nrohibited under section, 1'7=a03. e. EverF aerson who violates subdiRrisions a, b, c or d oc.' oh:s subdivision shall for a first violation thereof be liable for a ciT1 penaity af' not more than two hundred dol.lars; for a second violation, both of which, were committed withi¢s, a aeriod of tweive months, such, person shall, be lcable for a civil nenaltv of nott more, than four hundred dol:arst for ai third or subsecuent: violation, all of which were committed within a period of tweivee months, such, person shali be liable for amvii oenaltv of' nat more than'one~thousand dollars. f. A oroceedinrd to recover ana cival t>enaltryr authorized pursuant to the nrovisions of 9ubdiaision e rrf this section shall be -~_ commenced by the ser4-ice of a notic4 of' viola:tion which shail be returnable to the administrative tribunali estabLished bv the board of' health. The board of' health's adknuulstrative tribunal. 5hall, have the po.rer to impose the civi.l, penalties orescz-bed bw suhdfviaion e of this sec.tion. ~ Whenever a notice of violatian of subdivision a, b or r_ '.s servedd by a person with power to enforce the nravisions of this cl+.anter pursuant to subdivision a of section 17-507 such notice shall include an order which: requires their respondent to correct the conditioni constitutinQ the violation: and, to file a certifi¢ation with the department tliat' t'he condition has been corrected. Such order sha11, require that the condition be correctedi •wirhin thirty ' days fmm the date that thw order is issued and .''.at certification of the correction of the conaition shall" be fled -14r

with the denartment in a~ manner and fiorm and wtthin such further, period of time asshall bees~tablished'bvrule~ orre¢u~lhtion ofthe, deoartment. h. It the administrative tribunal established tiv, the board of health, finds, upon 2ood cause shown, that the resDOndentt cannot correct the: violation, sbecified in, subdivision ¢ of this section:, it may oostvone the period f'or compliance with such order upon such, terms and conditions and for such period of t]me as shall be appropt^.ate under the circumstances. i,. For violations of subdivisions a, b: or c of' this section wF1ch ar-- subject to nenalties for a first' violation as set forth in subdivision e of this section, if' the respondent commdes with, the: order issued nursuant, to subdivision: cX of this section •rntN.ine the time set forth in such subdivision there shall be no~ civil penalty for such first, violation.. Such violation mav however serve as a predicate for ourposes of the multiple, violstion schedule set forth in subdivision e of this section. L In any uroreediniZ : before the, administrative tribunal estigbiished bvr the board of health, if the tribunal finds that the departmentt or other a¢ency issuing the notice of violation has failed `o prove the violation charged it shall notify the departmer.t or ottaer agency issuinst, the notice of violet;on tind i'r~e uruer, reguiztin~t the respondent', to correct the condition constituting violation shall' be deemed to be revoked.. 1g~ The penaltiesi provided bv this seetion shal.l, be irt additon t'oo anY othet+ penaltV imposed bV any other provision of law or rept.tlation, thereunder. S1T-5q8 `Maiver., a. The department, in conjunction, with the offiae of economic development', may 0-ant, a walver fromi the appiicaaon of a specific grovisiomof this chapter;, pravided that prior to the 5Manting of any such waiver, the applicant for waiver shall clearly estabtish that axaDliance wtth, a specmfic orovisionn of this. c.hapter would! c.ause, the aDplicant undue financ2ali hardship or that other factors exist which .+nuld render strict, compliance unreasonable. -I5'-

b. Every: waiver Zranted stiall be subiect' to such conditions or restrictions as may be necessary in~ order to m+rr,r„ize thee adverse effects of, such waiver upon oersons subiect to an involuntary exposure to second-hand smoke, and to insure thart such waiver is in harmony with, the zeneral purpose and intent of this chapter. c. Waivers ¢rantQd pursuant to this subdivision shall be vaiid for a period of no more than twenty-four months and . av ~ae renewedd u"pon application to the department and, the office of ecnnomic develbpment. Applicationsforrenewall shail hereviewed in t!:e?ame manner as providedifor auplicauons for waiver. l17-Bi0 Public education. The department shall enqaze in a, continuing nroqram to e.r;,lain and clarify the provisions and Durposes of this chaoter, and shall provide assistsnce, to those nersons who seek to comuly. lS7-511i Governmental agency cooneradon. The der_aartment shall seek to encourao state and'i federai~ governmental' and educational aqencies havinst' f!aciiities, within the ctv of New York not subiect to the provisions of this chapter to estaolishh local averatin¢ procedures which, substantiallv conform to the requirements of this chnpter. l37,-512. Other atrniiCabie lawa~ and private smoking pailu!don corytrolL , a_ NothinZ in this local law shall be construed to: oermiti smoking where it is otherwise prohibited by '.aw., b. *IothinQ in this chanter shall be construed to oreclude an owtser, operator, managMF gr other, person havin¢. ca'ntrol; of aAy establishment, from orohibitinR smoking in such establishmen2 to a Zreater extent tharl is nrovided by this chapter. l17-513 Regalations. The commissioner shail pramuleate such rules and reQulati'ons ass may be necessary for the purpose of implemenrin$ the provisions off this~chapter~ l3., N'ot lrter than twelve months atter thQ effective datr of this local law, the department shall submit a report to the mayor and the council concerning the admihistration, of' this !ocal inw.. -16-

34. If any provision of this local Law or the application thereof is held invatid, the remautder of' this local Ihw and the applicationn thereof to other persons or circumstances shall not: be affected by such holding, and sha11 remain in full force and' effect. 45. This local law shall take ef'fect ninety' days after its enactment. Actions necessary to prepare for the implementation off this local lgw may be taken prior to its effective date..