2006 New York Code - Areas Where Smoking Is Not Regulated By This Chapter.

    § 17-505 Areas where smoking is not regulated by this chapter.
    The  following  areas shall not be subject to the smoking restrictions
  of this chapter; provided however, that nothing in this section shall be
  construed to permit smoking where smoking  is  otherwise  prohibited  or
  restricted by any other law or rule:
    b.  Private residences, except any area of a private residence where a
  child day care center or health care facility is operated (i) during the
  times of operation or (ii) during the times when employees  are  working
  in  such  child day care center or health care facility areas; provided,
  however, that a common area of a multiple  dwelling  containing  ten  or
  more dwelling units shall be subject to smoking restrictions.
    c.  Hotel  and motel rooms occupied by, or available for, occupancy by
    f. Private automobiles.
    g. Retail tobacco stores.
    h. Enclosed rooms in restaurants,  bars,  catering  halls,  convention
  halls,  hotel  and  motel  conference  rooms,  and  other  such  similar
  facilities during the time these 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 operator
  of  such function shall have provided notice to the department of health
  and mental hygiene in a form satisfactory to such  department  at  least
  two  weeks before such a function begins, and such notice has identified
  the dates on which such function  shall  occur.  No  such  facility  may
  permit  smoking  under  this  subdivision for more than five days in any
  calendar year.

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