2006 New York Code - General Provisions.



 
    § 17-512 General provisions.
    a.  Nothing in this chapter shall be construed to permit smoking where
  it is otherwise prohibited by law or regulation.
    b. Nothing in this chapter shall  be  construed  to  prohibit  owners,
  operators,  managers,  employers  or other persons having control of any
  establishment subject to this chapter from adopting a smoke-free  policy
  which completely prohibits smoking on the premises of such establishment
  at all times.
    c.  Nothing  in  this  chapter  shall  be construed to require owners,
  operators, managers, employers or other persons having  control  of  any
  establishment  subject to this chapter to choose to construct a separate
  smoking room, an enclosed room where smoking is  permitted  or  a  solid
  floor-to-ceiling  partition  separating a restaurant bar from the indoor
  dining area of a restaurant as the means of complying with this chapter.
    d. Nothing in this chapter shall  be  construed  to  preclude  owners,
  operators,  managers,  employers  or other persons having control of any
  establishment covered by this  act  from  prohibiting  smoking  in  such
  establishment  to  a greater extent than is provided by this chapter, in
  accordance with applicable law.
    e. Nothing in  this  chapter  shall  be  construed  to  allow  owners,
  operators,  managers,  employers  or other persons having control of any
  establishment covered by this act to be subject to any legal  proceeding
  or  action to enforce this chapter in any court by any party, other than
  the city of New York or its designated agencies, based on such  owners',
  operators',  managers',  employers'  or other persons' alleged manner or
  method of compliance with the provisions of this chapter or his  or  her
  alleged failure to comply with the same.

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