2006 New York Code - Prohibition Of Smoking.

 
    § 17-503 Prohibition of smoking.
    a.  Smoking  is  prohibited in all enclosed areas within public places
  except as otherwise restricted in accordance with the provisions  below.
  Such public places include, but are not limited to, the following:
    1.  Public  transportation  facilities, including, but not limited to,
  ticketing, boarding and waiting areas of public transit depots.
    2. Public means of mass transportation, including, but not limited to,
  subway cars and all underground areas of a subway station, buses,  vans,
  taxicabs  and  all  for-hire  vehicles,  including  but  not  limited to
  limousines, required to be licensed or franchised by  the  city  of  New
  York.
    3. Public restrooms.
    4. Retail stores (other than retail tobacco stores).
    5. Restaurants.
    6.   Business   establishments  (other  than  retail  tobacco  stores)
  including, but not limited to, banks and other  financial  institutions,
  catering  halls,  offices  where  trade or vocational activity occurs or
  professional or consumer services are rendered and non-profit  entities,
  including  religious institutions; provided however, that this paragraph
  shall not apply to membership associations.
    7. Libraries, museums and galleries.
    8. Motion picture theaters, concert halls, buildings or areas or rooms
  in buildings primarily used for or designed for the primary  purpose  of
  exhibiting movies or presenting performances, including, but not limited
  to,   stage,   musical   recital,   dance,   lecture  or  other  similar
  performances,  except  that  smoking  may  be  part  of   a   theatrical
  production.
    9. Auditoriums.
    10. Convention halls.
    11. Sports arenas and recreational areas.
    12.  Gymnasiums, health clubs and enclosed areas containing a swimming
  pool.
    13. Places of meeting or public assembly during such time as a meeting
  open to the  public  is  being  conducted  for  educational,  religious,
  recreational,   or   political  purposes,  but  not  including  meetings
  conducted in private residences, unless such meetings are  conducted  in
  an  area  in a private residence where a child day care center or health
  care facility is operated during the times of operation or  in  an  area
  which constitutes a common area of a multiple dwelling containing ten or
  more dwelling units.
    14.  Health  care facilities including, but not limited to, hospitals,
  clinics, psychiatric facilities,  residential  health  care  facilities,
  physical therapy facilities, convalescent homes, and homes for the aged;
  provided,  however,  that  this  paragraph shall not prohibit smoking by
  patients  in  separate  enclosed  rooms  of  residential   health   care
  facilities  or  facilities  where  day  treatment programs are provided,
  which are designated as smoking lounges for patients of such  facilities
  or  programs, provided, however, that prior written approval is received
  from the fire commissioner pursuant to section 27-4276 of the code.
    15. All schools other than public and  private  pre-primary,  primary,
  and secondary schools providing instruction for students at or below the
  twelfth-grade  level, including, but not limited to, community colleges,
  technical  training  establishments,  specialty  schools,  colleges  and
  universities.
    16. Children's institutions.
    17. Zoos.
    18. Elevators.
    19. Public areas where bingo is played.


    20. Bars; provided however, that smoking shall be permitted in:
    (a) tobacco bars; (b) owner operated bars; and
    21.  Tobacco  businesses,  except  that  smoking shall be permitted in
  areas within a tobacco business designated  by  such  business  for  the
  purpose  of  testing  or  development  of  tobacco  or tobacco products;
  provided, however, that such areas must all be located on no  more  than
  two floors of the building where such business is located.
    22. Membership associations; provided however, that smoking shall only
  be  allowed  in  membership associations in which all of the duties with
  respect to the operation of such association, including, but not limited
  to, the preparation of food and  beverages,  the  service  of  food  and
  beverages,  reception and secretarial work, and the security services of
  the membership association are performed by members of  such  membership
  association  who  do  not  receive  compensation  of  any  kind from the
  membership association or any other entity for the performance  of  such
  duties.
    b. Smoking is prohibited on any service line, waiting area, or portion
  thereof, whether located indoor or outdoor during the times in which the
  public  is  invited  or  permitted,  notwithstanding  the  fact that the
  service line, waiting area, or portion thereof, is in an area  otherwise
  designated  for  smoking  pursuant  to  subdivision  a  of this section;
  provided, however, that this  subdivision  shall  not  be  construed  to
  prohibit  smoking  in  any  area  where smoking is permitted pursuant to
  section 17-505.
    c.  Smoking is prohibited in the following  outdoor  areas  of  public
  places, except as otherwise restricted in accordance with the provisions
  below:
    1.  Outdoor  dining areas of restaurants with no roof or other ceiling
  enclosure; provided,  however,  that  smoking  may  be  permitted  in  a
  contiguous outdoor area designated for smoking so long as such area: (i)
  constitutes  no  more  than  twenty-five  percent of the outdoor seating
  capacity of such restaurant; (ii) is at least three feet away  from  the
  outdoor area of such restaurant not designated for smoking; and (iii) is
  clearly designated with written signage as a smoking area.
    2.  Outdoor  seating  or  viewing  areas  of  open-air  motion picture
  presentations or open-air concert,  stage,  dance,  lecture  or  recital
  presentations or performances or other similar open-air presentations or
  performances,  when  seating or standing room is assigned by issuance of
  tickets.
    3. Outdoor seating or viewing areas of sports arenas and  recreational
  areas, when seating or standing room is assigned by issuance of tickets.
    4. Outdoor areas of all children's institutions.
    5. Playgrounds.
    d.  Smoking  is  prohibited  in  all  indoor  and outdoor areas of the
  following public places at all times:
    1. All public and private pre-primary, primary, and secondary  schools
  providing  instruction for students at or below the twelfth-grade level,
  and any vehicles owned, operated or leased by  such  schools  which  are
  used to transport such students or the personnel of such schools.
    2. All child day care centers; provided, however, that with respect to
  child  day  care  centers operated in private residences, this paragraph
  shall apply only to those areas of such  private  residences  where  the
  child  day  care  centers  are operated during the times of operation or
  during the time employees are working in such child day care centers.