2022 New York Laws
PBH - Public Health
Article 13-E - Regulation of Smoking and Vaping in Certain Public Areas
1399-S - Violations.

§  1399-s.  Violations.  1. It shall be unlawful for any person, firm,
  limited liability  company,  corporation  or  other  entity  that  owns,
  manages,  operates  or  otherwise  controls  the use of an area in which
  smoking and vaping is  prohibited  or  restricted  pursuant  to  section
  thirteen  hundred  ninety-nine-o  of this article to fail to comply with
  the provisions of this article. For violations of this  subdivision,  it
  shall  be  an  affirmative  defense that during the relevant time period
  actual control of the area was not  exercised  by  the  respondent,  but
  rather  by  a lessee, the sublessee or any other person. To establish an
  affirmative defense, the respondent shall submit an  affidavit  and  may
  submit  any  other relevant proof indicating that the respondent did not
  exercise actual control of said area during the  relevant  time  period.
  Such  affidavit and other proof shall be mailed by certified mail to the
  appropriate enforcement officer within thirty days of  receipt  of  such
  notice of violation.
2.  It  shall be unlawful for an employer whose place of employment is
  subject to subdivision one of section thirteen hundred ninety-nine-o  of
  this  article to fail to comply with the provisions of such subdivision.
  For violations of such subdivision, it shall be an  affirmative  defense
  that  the  employer has made good faith efforts to ensure that employees
  comply with the provisions of this article.
3. It shall be unlawful for any person to smoke or vape  in  any  area
  where  smoking  and  vaping  is  prohibited  or restricted under section
  thirteen hundred ninety-nine-o of this article.