2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN CERTAIN PUBLIC AREAS
1399-Q - Smoking restrictions inapplicable.

 
    §  1399-q.  Smoking  restrictions inapplicable. This article shall not
  apply to:
    1. Private homes, private residences and private automobiles;
    2. A hotel or motel room rented to one or more guests;
    3. Retail tobacco businesses;
    4. 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;
    5. Cigar bars that, in the calendar year ending December thirty-first,
  two thousand two, generated ten percent or  more  of  its  total  annual
  gross income from the on-site sale of tobacco products and the rental of
  on-site  humidors, not including any sales from vending machines, and is
  registered with the  appropriate  enforcement  officer,  as  defined  in
  subdivision  one  of  section  thirteen  hundred  ninety-nine-t  of this
  article. Such registration shall remain in effect for one year and shall
  be renewable only if: (a) in the preceding calendar year, the cigar  bar
  generated  ten percent or more of its total annual gross income from the
  on-site sale of tobacco products and the rental of on-site humidors, and
  (b) the cigar bar has not expanded its size or changed its location from
  its size or location since December thirty-first, two thousand two;
    6. Outdoor dining areas of food service establishments with no roof or
  other  ceiling  enclosure;  provided,  however,  that  smoking  may   be
  permitted  in  a  contiguous area designated for smoking so long as such
  area: (a) constitutes no more than twenty-five percent  of  the  outdoor
  seating  capacity  of  such  food service establishment, (b) is at least
  three feet away from the outdoor area of such food service establishment
  not designated for smoking, and (c) is clearly designated  with  written
  signage as a smoking area; and
    7.  Enclosed  rooms  in  food  service  establishments, bars, catering
  halls, convention halls, hotel and motel  conference  rooms,  and  other
  such similar facilities during the time such enclosed areas or rooms are
  being used exclusively for functions where the public is invited for the
  primary  purpose  of  promoting  and  sampling tobacco products, and the
  service of food and drink is incidental to such purpose,  provided  that
  the  sponsor  or  organizer  gives notice in any promotional material or
  advertisements that smoking will  not  be  restricted,  and  prominently
  posts  notice at the entrance of the facility and has provided notice of
  such function to the appropriate  enforcement  officer,  as  defined  in
  subdivision  one  of  section  thirteen  hundred  ninety-nine-t  of this
  article, at least two weeks prior  to  such  function.  The  enforcement
  officer  shall  keep  a  record of all tobacco sampling events, and such
  record shall be made available for public inspection. No  such  facility
  shall  permit  smoking  under this subdivision for more than two days in
  any calendar year.