Smoke-Free Air Act

NYC Admin. Code tit. 17, ch. 5

in effect

NYC Admin. Code § 17-501 Short title.

§ 17-501 Short title. This chapter shall be known and may be cited as the "Smoke-Free Air Act." Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 1995/005

NYC Admin. Code § 17-502 Definitions.

§ 17-502 Definitions. As used in this chapter, the following terms shall be defined as follows: a. "Auditorium" means the part of the building where an audience sits including any corridors, hallways or lobbies adjacent thereto. b. "Bar" means a business establishment or any portion of a non-profit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages. For the purposes of this chapter, the term "bar": (i) shall include a restaurant bar; and (ii) shall include any area located in a hotel or motel, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises and in which the serving of food, if at all, is only incidental to the sale or consumption of alcoholic beverages. For the purposes of this subdivision, (i) service of food shall be considered incidental to the sale or consumption of alcoholic beverages if the food service generates less than forty percent of total annual gross sales and (ii) any business establishment or any portion of a non-profit entity which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises that generates forty percent or more of total annual gross sales from the sale of food for on-premises consumption shall be a restaurant. c. "Business establishment" means any sole proprietorship, partnership, association, joint venture, corporation or other entity formed for profit-making purposes, including professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, and other professional or consumer services are provided. d. "Child day care center" means (i) any public, private or parochial child care center, school-age child care program, day nursery school, kindergarten, play school, or other similar school or service, (ii) any child care arrangement licensed by the city, (iii) any facility that provides child care services as defined in section four hundred ten-p of the New York state social services law and (iv) any child day care center as defined in section three hundred ninety of the New York state social services law. Such definition applies whether or not care is given for compensation and whether or not the child day care center is located in a private residence. e. "Children's institution" means (i) any public, private or parochial congregate institution, group residence, group home or other place where, for compensation or otherwise, seven or more children under twenty-one years of age are received for day and night care apart from their parents or guardians, (ii) youth centers or facilities for detention as defined in sections five hundred twenty-seven-A and five hundred two of the New York state executive law, (iii) group homes for children as defined in section three hundred seventy-one of the New York state social services law, (iv) public institutions for children as defined in section three hundred seventy-one of the New York state social services law and (v) residential treatment facilities for children and youth as defined in section 1.03 of the New York state mental hygiene law. f. "Commissioner" means the commissioner of the New York City department of health and mental hygiene. g. "Department" means the New York City department of health and mental hygiene. h. "Employee" means any person who is employed by any employer in return for the payment of direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation. i. "Employer" means any person, partnership, association, corporation or non-profit entity which employs one or more persons, including agencies of the city of New York, as defined in section 1-112 of the code, and the council of the city of New York. j. [Repealed.] k.* "Limousine" means a for-hire vehicle required to be licensed by the taxi and limousine commission, designed to carry fewer than nine passengers, excluding the driver, which is dispatched from a garage, maintains a minimum of $500,000/$1,000,000 liability insurance coverage and in which passengers are charged fees calculated on the basis of garage to garage service. * Editor's note: there are two subsections designated as k. k.* "Motion picture theater" means any public hall or room in which motion pictures are displayed, including any corridors, hallways or lobbies adjacent thereto. For purposes of this subdivision, "motion picture" means a display on a screen or other device, of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or music. * Editor's note: there are two subsections designated as k. l. "Non-profit entity" means any corporation, unincorporated association or other association or other entity created for charitable, philanthropic, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to secure private financial gain. A public agency is not a "non-profit entity" within the meaning of this subdivision. m. "Place of employment" means any indoor area or portion thereof under the control of an employer which employees normally frequent during the course of employment and which is not generally accessible to the public, including, but not limited to, private offices, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways and hallways. A private residence is not a "place of employment" within the meaning of this subdivision, except that areas in a private residence where a child day care center or health care facility is operated during the times when employees are working in such child day care center or health care facility areas and areas in a private residence which constitute common areas of a multiple dwelling are "places of employment" within the meaning of this subdivision. n. "Playground" means an outdoor area open to the public where children play, which contains play equipment such as a sliding board, swing, jungle gym, sandbox, or see-saw, or which is designated as a play area. o. [Repealed.] p. "Public place" means any area to which individuals other than employees are invited or permitted, including, but not limited to, banks, educational facilities, health care facilities, child day care centers, children's institutions, shopping malls, property owned, occupied or operated by the city of New York or an agency thereof, public transportation facilities, reception areas, restaurants, catering halls, retail stores, theaters, sports arenas and recreational areas and waiting rooms. A private residence is not a "public place" within the meaning of this subdivision, except that areas in a private residence where a child day care center or health care facility is operated during the times of operation and areas in a private residence which constitute common areas of a multiple dwelling are "public places" within the meaning of this subdivision. q. "Residential health care facility" means (i) a facility providing therein nursing or other care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board service, (ii) an inpatient psychiatric facility which provides individuals with active treatment under the direction of a physician, and (iii) a residential facility providing health related service. r. "Restaurant" means any coffee shop, cafeteria, luncheonette, sandwich stand, diner, short order cafe, fast food establishment, soda fountain, and any other eating or beverage establishment (other than a bar), including a restaurant located in a hotel or motel, or part of any organization, club, boardinghouse or guest house, which gives or offers for sale food or beverages to the public, guests, members, or patrons, whether food or beverages are customarily consumed on or off the premises, but not an establishment whose sole purpose is to serve food or beverages to employees of a common employer or to students of a common educational institution. s. "Restaurant bar" means a contiguous area (i) in a restaurant, (ii) containing a counter and (iii) which is primarily devoted to the selling and serving of alcohol beverages for consumption by patrons on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of alcoholic beverages in such restaurant bar. t. "Retail store" means any place which in the regular course of business sells or rents goods directly to the public. u. "Retail tobacco store" means a retail store devoted primarily to the sale of any tobacco product, including but not limited to cigarettes, cigars, pipe tobacco and chewing tobacco, and accessories and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than fifty percent of the total annual gross sales. v. [Repealed.] w. "Separate smoking room" means an enclosed room the exclusive purpose of which is for smoking. No business transactions, including, but not limited to, the sale, including by vending machines, and/or service of food, beverages, or any other product, and/or collection of any payments, shall be conducted in such room. Such room shall (i) be completely enclosed on all sides by solid floor-to-ceiling walls; (ii) comply with all applicable fire and building code requirements, and have a sprinkler system for fire safety (which may be part of a sprinkler system of the premises in which the room is located); and (iii) have a separate ventilation system whereby the air from such enclosed room is immediately exhausted to an outdoor area (exclusive of any seating area) by an exhaust fan rather than being recirculated inside, and which is compliant with the additional specifications set forth in this subdivision; (iv) be clearly designated as a separate smoking room wherein no services are offered. Such room may contain furniture. Such room shall not contain the sole means of ingress and egress to restrooms or any other smoke-free area, and shall not constitute the sole indoor waiting area of the premises. Any doors in such room shall be self-closing, and shall remain closed except to the extent necessary to permit ingress and egress to such room. Such room shall not exceed twenty-five percent of the aggregate square footage of the premises, including non-smoking lounges and shall not in any event exceed three hundred fifty square feet. In calculating the square footage of the premises pursuant to this subdivision, all spaces, whether or not occupied by furniture or any counter, including public dining areas, beverage service areas, the separate smoking room, and lounges shall be included; provided however, that service areas (including areas behind any counter) and other areas to which the general public does not generally have access (such as storage rooms, kitchens, offices and cloakrooms), restrooms, telephone areas and waiting areas (other than waiting areas located in any lounges) shall not be included. No employee shall be permitted to enter such room for the purposes of conducting any business transaction, including but not limited to the sale or service of food, beverages, or any other product, provided, however, that an employee shall be allowed into such room to provide busing or other cleaning services when no smoking has occurred for fifteen minutes prior to the employee entering the room and no customers are present. Such room shall have a ventilation system in which the ventilation rate is at least sixty cubic feet per minute per occupant based on a maximum occupancy of seven individuals per one hundred feet of floor space, and the negative air pressure is at a rate such that when measured by a device approved by the department of health and mental hygiene, the pressure differential is at least three hundredths of an inch of water column relative to the air pressure in the adjacent room in which smoking is not permitted. Such ventilation system shall discharge air from the separate smoking room at least twenty-five feet away from operable windows, doors, air conditioning, and any other heating, ventilation and air conditioning intakes. x. "Service line" or "waiting area" means a queue, line or other formation of persons, whether seated or standing, in which one or more persons are waiting for service of any kind, whether or not such service involves an exchange of consideration. y. "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, little cigar, pipe, water pipe, herbal cigarette, non-tobacco smoking product, or any similar form of lighted object or device designed for human use or consumption by the inhalation of smoke. z. "Sports arena and recreational area" means any sports pavilion, stadium, race track, boxing arena, roller and ice skating rink, billiard parlor, bowling establishment and other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic or recreational competition or activity or witness sports, cultural, recreational or similar activities. Playgrounds, gymnasiums, health clubs, enclosed areas containing a swimming pool and areas where bingo is played are not "sports arenas and recreational areas" within the meaning of this subdivision. aa. "Tobacco business" means a sole proprietorship, corporation, partnership or other enterprise in which the primary activity is the sale or manufacture of tobacco, tobacco products and accessories at wholesale, and in which the sale or manufacture of other products is merely incidental, and in which smoking on the premises is essential to the entity for the testing or product development of such tobacco or tobacco products. bb. "Zoo" means any indoor area open to the public for the purpose of viewing animals. An aquarium is a "zoo" within the meaning of this sub- division. cc. "Day treatment program" means a facility which is (i) licensed by the state department of health or the office of alcoholism and substance abuse services, the office of mental health, or the office for people with developmental disabilities within the state department of mental hygiene to provide treatment to aid in the rehabilitation or recovery of its patients based on a structured environment requiring patient participation for no less than three hours each day; or (ii) which is authorized by the state commissioner of health to conduct a program pursuant to section 80.135 of title ten of the New York code of rules and regulations. dd. "Health related service" means service in a facility which provides or offers lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service. ee. "Member" means, for purposes of subdivision ff of this section, a person who (i) satisfies the requirements for membership in a membership association, and (ii) affirmatively accepts an invitation from such membership association to become a member. ff. "Membership association" means a not-for-profit entity which has been created or organized for a charitable, philanthropic, educational, political, social or other similar purpose and which is registered with the department of health and mental hygiene in accordance with the rules of the department. In determining whether such an entity is a "membership association," the department of health and mental hygiene shall consider, but need not be limited to, the following factors: (i) whether it has by-laws or a similar governing instrument and whether such by-laws or similar governing instrument expressly provides for members; (ii) whether it has established permanent and identifiable membership selection criteria, the purpose of which is to screen potential members on a basis related to its charitable, philanthropic, educational, political, social or other similar purpose; (iii) whether it conducts elections to select its governing structure and/or body; (iv) whether the premises within which it is located are controlled by its membership; (v) whether it is operated solely for the benefit and pleasure of its membership; (vi) whether it expressly acknowledges the acceptance of members, such as by sending a membership card or by the inclusion of a member on a membership roster. Such registration shall remain in effect for two years and shall be renewable based upon the factors described in this subdivision and the rules of the department. gg. "Owner operated bar" means a bar in which all duties with respect to preparing food and drink, cleaning, dishwashing and racking glasses, serving, maintaining inventory, stocking shelves and providing of security for such a bar are performed at all times only by individuals who are principal owners of such bar as defined in this section and which is registered with the department of health and mental hygiene in accordance with the rules of the department; provided, however, that individuals other than the principal owners may perform cleaning functions at times when the bar is not open to the public, guests, members or patrons. hh. "Principal owner" shall mean an individual who holds a twenty-five percent or greater ownership interest in a bar and is a state liquor authority licensee for such bar, or an individual who holds a twenty-five percent or greater ownership interest in a partnership, joint venture, corporation or limited liability corporation, which is the sole owner of a bar and the state liquor authority licensee for such bar; provided, however, that an owner operated bar shall have no more than three principal owners. ii. "Tobacco product" means any substance which contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco and chewing tobacco. jj. "Tobacco bar" is a bar that, in the calendar year ending December 31, 2001, 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 department of health and mental hygiene in accordance with the rules of such agency. Such registration shall remain in effect for one year and shall be renewable only if: (i) in the preceding calendar year, the previously registered tobacco 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 (ii) the tobacco bar has not expanded its size or changed its location from its size or location as of December 31, 2001. kk. "Negative air pressure" shall mean the air exhausted to the outdoors from a room is at a greater volume than the volume of air supplied into the room. ll. "Ventilation rate" shall mean the rate at which air is supplied into a room. mm. "Hospital," for the purposes of paragraph 6 of subdivision c of section 17-503, shall mean a general hospital as defined in section twenty-eight hundred one of the public health law, diagnostic center and treatment center as defined in section 751.1 of part seven hundred fifty one of title ten of the New York codes, rules and regulations and residential health care facilities as defined in section twenty-eight hundred one of the public health law. nn. "Hospital grounds" means the outdoor grounds contained within a hospital's legally defined property boundaries. oo. "Park or other property under the jurisdiction of the department of parks and recreation" means public parks, beaches, waters and land under water, pools, boardwalks, marinas, playgrounds, recreation centers and all other property, equipment, buildings and facilities now or hereafter under the jurisdiction, charge or control of the department of parks and recreation. pp. "Pedestrian plaza" means an area designated by the department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use. qq. "Electronic cigarette" means a battery-operated device that heats a liquid, gel, herb, or other substance and delivers vapor for inhalation. Electronic cigarette shall include any refill, cartridge, and any other component of an electronic cigarette. rr. "Retail electronic cigarette store" means a retail store devoted primarily to the sale of electronic cigarettes, and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than fifty percent of the total annual gross sales. ss. "Smokeless tobacco" means any tobacco product that is intended for any oral or nasal use other than smoking. Examples of smokeless tobacco include but are not limited to snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus. tt. "Class A multiple dwelling" means a class A multiple dwelling as such term is defined in paragraph eight of subdivision a of section 27-2004. uu. "Smoking policy" means a written declaration that states in a clear and conspicuous fashion where smoking is permitted or prohibited on the premises of a class A multiple dwelling. vv. "Owner of a class A multiple dwelling" means the following: (i) In the case of a building with one or more rental dwelling units, other than rental dwelling units in a condominium or a cooperative apartment corporation, the owner of record. (ii) In the case of a condominium, including a rental dwelling unit in a condominium, the board of managers. (iii) In the case of a cooperative apartment corporation, including a rental dwelling unit in a cooperative apartment corporation, the board of directors. ww. "Condominium unit owner" means the person or persons owning a dwelling unit in a condominium building. xx. "Tenant" means a tenant, tenant-shareholder of a cooperative apartment corporation, condominium unit owner, subtenant, lessee, sublessee or other person entitled to the possession or to the use or occupancy of a dwelling unit, when the term "tenant" is used in reference to a dwelling unit in a class A multiple dwelling. yy. "Tenant-shareholder" means the person who owns stock of a cooperative apartment corporation. zz. "Non-tobacco smoking product" means any product that does not contain tobacco or nicotine and that is designed for human use or consumption by the inhalation of smoke, including but not limited to (i) pipes, water pipes, rolling papers, and any other component, part, or accessory of such product and (ii) shisha, as defined in subdivision z of section 17-702, provided that such shisha does not contain tobacco or nicotine. aaa. "Non-tobacco hookah establishment" means an establishment that, as of the date of enactment of the local law that added this subdivision, generated fifty percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products, and that has a permit issued by the department pursuant to section 17-513.5. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/144, 8/28/2017, eff. 1/25/2018; Am. L.L. 2017/147, 8/28/2017, eff. 8/28/2018; Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018; Am. L.L. 2017/214, 11/27/2017, eff. 3/27/2018; Am. 2019 N.Y. Laws Ch. 672, 12/16/2019, eff. 12/16/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 1995/030, L.L. 2002/047, L.L. 2013/152, L.L. 2017/144, and L.L. 2017/187.

NYC Admin. Code § 17-503 Prohibition of smoking and use of electronic cigarettes.

§ 17-503 Prohibition of smoking and use of electronic cigarettes. a. Smoking, and using electronic cigarettes, are 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, and provided further, however, that this paragraph shall not apply to the smoking of non-tobacco smoking products in non-tobacco hookah establishments. 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, and using electronic cigarettes, 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. 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, or the use of electronic cigarettes, by patients in separate enclosed rooms of residential health care facilities or facilities where day treatment programs are provided, which are designated as smoking rooms for patients of such facilities or programs, provided, however, that prior written approval is received from the fire commissioner pursuant to section 310.2 of the fire 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 tobacco bars. 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, and using electronic cigarettes, are 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, or using electronic cigarettes, pursuant to subdivision a of this section; provided, however, that this subdivision shall not be construed to prohibit smoking, or using electronic cigarettes, in any area where smoking, or using electronic cigarettes, is permitted pursuant to section 17-505. c. Smoking, and using electronic cigarettes, are 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 including but not limited to any area operated by a restaurant as a sidewalk cafe, or a roadway cafe, as those terms are defined in section 19-101. 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. 6. Hospital grounds, within fifteen feet of any hospital entrance or exit and within fifteen feet of the entrance to or exit from any hospital grounds. 7. Pedestrian plazas. d. Smoking, and using electronic cigarettes, are 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. 3. Any park or other property under the jurisdiction of the department of parks and recreation; provided, however, that this paragraph shall not apply to: (a) the sidewalks immediately adjoining parks, squares and public places; (b) any pedestrian route through any park strip, median or mall that is adjacent to vehicular traffic; (c) parking lots; and (d) theatrical productions. (Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018; Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1992/083, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152, L.L. 2017/187, and L.L. 2023/121.

NYC Admin. Code § 17-503.1 Prohibition of using smokeless tobacco at sports arenas and recreational areas that issue tickets.

§ 17-503.1 Prohibition of using smokeless tobacco at sports arenas and recreational areas that issue tickets. Using smokeless tobacco is prohibited at all times at sports arenas and recreational areas if seating or standing room is assigned by issuance of tickets for any event held at such arenas and areas. (L.L. 2016/042, 4/6/2016, eff. 4/6/2016)

NYC Admin. Code § 17-504 Regulation of smoking, and use of electronic cigarettes, in places of employment.

§ 17-504 Regulation of smoking, and use of electronic cigarettes, in places of employment. a. Smoking, and using electronic cigarettes, are prohibited in those indoor areas of places of employment to which the general public does not generally have access. This section shall not prohibit smoking, or using electronic cigarettes, in any area where smoking, or using electronic cigarettes, is not regulated pursuant to section 17-505. b. [Repealed.] c. Smoking, and using electronic cigarettes, are prohibited in company vehicles occupied by more than one person. Smoking, and using electronic cigarettes, are prohibited in all vehicles owned by the city of New York. d. No employer shall take any retaliatory adverse personnel action against any employee or applicant for employment on the basis of such person's exercise, or attempt to exercise, his or her rights under this chapter with respect to the place of employment. Such adverse personnel action includes, but is not limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or transfer or assignment or failure to transfer or assign against the wishes of the affected employee. The employer shall establish a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment. e. By November 1, 1995, every employer subject to the provisions of this chapter shall adopt, implement, make known, maintain and update to reflect any changes, a written smoking and electronic cigarette use policy which shall contain at minimum, the following requirements: 1. The prohibition of smoking, and using electronic cigarettes, except in accordance with the provisions of this chapter and any rules promulgated pursuant thereto, and a description of the smoking restrictions and restrictions on the use of electronic cigarettes adopted or implemented. 2. As set forth in subdivision d of this section, the (A) protection from retaliatory adverse personnel action with respect to all employees or applicants for employment who exercise, or attempt to exercise, any rights granted under such subdivision; and (B) the establishment of a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment. f. Employers shall prominently post the smoking and electronic cigarette use policy in the workplace, and shall, within three weeks of its adoption and any modification, disseminate the policy to all employees, and to new employees when hired. g. Employers shall supply a written copy of the smoking and electronic cigarette use policy upon request to any employee or prospective employee. h. A copy of the smoking and electronic cigarette use policy shall be provided to the department, the department of buildings, the department of consumer and worker protection, the department of environmental protection, the fire department and the department of sanitation upon request. i. This section shall not be construed to permit smoking, and using electronic cigarettes, in any area in which smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503. Where a place of employment is also a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503, and is not exempt from regulation under section 17-505, smoking, and using electronic cigarettes, shall be prohibited. j. Nothing in this section shall be construed to impair, diminish, or otherwise affect any collectively bargained procedure or remedy available to an employee, existing as of February 1, 1995, with respect to disputes arising under the employer's smoking policy or with respect to the establishment of a procedure for redress of any adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment. Upon expiration of any such collectively bargained procedure or remedy, the provisions of this section shall take effect. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152, and L.L. 2020/080.

NYC Admin. Code § 17-505 Areas where smoking, and using electronic cigarettes, are not regulated by this chapter.

§ 17-505 Areas where smoking, and using electronic cigarettes, are not regulated by this chapter. The following areas shall not be subject to the smoking and electronic cigarette restrictions of this chapter; provided however, that nothing in this section shall be construed to permit smoking, or using electronic cigarettes, where smoking, and using electronic cigarettes, are otherwise prohibited or restricted by any other law or rule: a. [Repealed.] 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 shall be subject to smoking and electronic cigarette use restrictions. c. Hotel and motel rooms occupied by, or available for, occupancy by guests. d. [Reserved.] e. [Reserved.] 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 or electronic cigarettes, 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, or using electronic cigarettes, under this subdivision for more than five days in any calendar year. i. Retail electronic cigarette stores; provided however, that such stores may only permit the use of electronic cigarettes. (Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, and L.L. 2013/152.

NYC Admin. Code § 17-506 Posting of signs; prohibition of ashtrays.

§ 17-506 Posting of signs; prohibition of ashtrays. a. Except as may otherwise be provided by rules promulgated by the commissioner, "Smoking" or "No Smoking" signs or the international symbols indicating the same, "Electronic Cigarette Use Permitted" or "Electronic Cigarette Use Prohibited" signs, "No Tobacco Use Permitted" or "Use of Tobacco Products Prohibited" signs, or any other signs necessary to comply with the provisions of this chapter, as applicable, shall be prominently and conspicuously posted where smoking, using electronic cigarettes, or using smokeless tobacco is either prohibited, permitted or otherwise regulated by this chapter, by the owner, operator, manager or other person having control of such area. The size, style and location of such signs shall be determined in accordance with rules promulgated by the commissioner, but in promulgating such rules, the commissioner shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such signs. b. In addition to the posting of signs as provided in subdivision a, every owner, manager or operator of a theatre which exhibits motion pictures to the public shall show upon the screen for at least five seconds prior to the showing of each feature motion picture, information indicating that smoking, and using electronic cigarettes, are prohibited within the premises. c. The owner, operator or manager of a hotel or motel that chooses to develop and implement a smoking and electronic cigarette use policy for rooms rented to guests shall post a notice at the reception area of the establishment as to the availability, upon request, of smoke-free and electronic cigarette-free rooms. d. Ashtrays are prohibited in all smoke-free areas covered by this chapter except (i) ashtrays offered for sale or (ii) ashtrays placed immediately adjacent to hotel and motel elevators and immediately adjacent to public entrances to hotels and motels, provided that such ashtrays are positioned so that second-hand smoke emanating from such ashtrays will not ordinarily activate smoke detectors and provided further that "No Smoking" signs as set forth in subdivision a of this section and in any rules promulgated by the commissioner shall be posted immediately adjacent to such ashtrays. e. A non-tobacco hookah establishment shall prominently and conspicuously display at its entrance, and in any room or area where non-tobacco smoking products are smoked, a sign warning of the health risks associated with smoking non-tobacco smoking products. The size, style, and content of such signs shall be determined in accordance with rules promulgated by the commissioner. (Am. L.L. 2016/042, 4/6/2016, eff. 8/4/2016; Am. L.L. 2017/190, 10/16/2017, eff. 4/14/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152, and L.L. 2017/190.

NYC Admin. Code § 17-506.1 Obligation of owners of class A multiple dwellings to adopt and disclose a smoking policy.

§ 17-506.1 Obligation of owners of class A multiple dwellings to adopt and disclose a smoking policy. a. Adoption of smoking policy. 1. The owner of a class A multiple dwelling shall adopt a smoking policy. 2. The smoking policy shall address all indoor locations of the class A multiple dwelling, including common areas and dwelling units, and all outdoor areas of the premises, including common courtyards, rooftops, balconies, and patios, and any outdoor areas connected to dwelling units. 3. The smoking policy shall apply to tenants, including invitees of tenants, and any other person on the premises. 4. The smoking policy or any material changes thereto shall not be binding on a tenant renting or leasing a dwelling unit during the term of the lease, sublease, or other rental agreement in effect at the time of the adoption of such smoking policy or of any material changes thereto, unless otherwise provided in such lease, sublease, or other rental agreement. 5. The smoking policy or any material changes thereto shall not be binding on any tenant in occupancy of a rent controlled or rent stabilized dwelling unit prior to the adoption of the initial smoking policy required by this section or on any family member who succeeds to the rights of such tenant, as required by subdivision 4 of section 14 of the public housing law. b. Disclosure of smoking policy. 1. Upon adoption of a smoking policy, the owner of a class A multiple dwelling shall provide a copy of the building's smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building's smoking policy. 2. Except as provided in paragraph 3 of this subdivision, the owner of a class A multiple dwelling shall incorporate the building's smoking policy into any agreement to rent or lease a dwelling unit in such building. 3. In a condominium or cooperative apartment corporation, the condominium unit owner or tenant-shareholder of a cooperative apartment corporation shall incorporate the building's smoking policy into any agreement to rent or purchase the dwelling unit or shares in the cooperative apartment corporation. 4. In a condominium, the board of managers shall incorporate the building's smoking policy into the condominium bylaws or rules. 5. In a cooperative apartment corporation, the board of directors shall incorporate the building's smoking policy into the bylaws or rules of the cooperative apartment corporation. 6. A tenant who is renting or leasing a dwelling unit shall incorporate the building's smoking policy into any agreement to rent or lease the dwelling unit to a subtenant or sublessee. 7. Annual disclosure of the smoking policy. On an annual basis, the owner of a class A multiple dwelling shall provide a copy of the building's smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building's smoking policy. c. Notification of a material change to smoking policy. The owner of a class A multiple dwelling shall provide notification in writing to all tenants of any material change to the smoking policy or post, in a prominent location within such dwelling, any material change to the smoking policy. d. Document retention. The owner of a class A multiple dwelling shall make available for inspection by the department copies of the following: 1. the disclosure required by paragraph 1 of subdivision b of this section, or the annual disclosure required by paragraph 7 of subdivision b of this section, for the current year; and 2. each notification of a material change made within the past year pursuant to subdivision c of this section. (L.L. 2017/147, 8/28/2017, eff. 8/28/2018)

NYC Admin. Code § 17-507 Enforcement.

§ 17-507 Enforcement. a. The department shall enforce the provisions of this chapter. In addition, designated enforcement employees of the department of buildings, the department of consumer and worker protection, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this chapter. b. Any person who desires to register a complaint under this chapter may do so with the department. c. With respect to a public place or place of employment, the operator or employer shall inform, or shall designate an agent who shall be responsible for informing, individuals smoking, using electronic cigarettes, or using smokeless tobacco in restricted areas that they are in violation of this local law; provided, however, that the obligations under this subdivision with respect to an operator of a multiple dwelling shall be limited to (i) those multiple dwellings where an agent is on duty and (ii) designating such agent to be responsible for informing individuals smoking, or using electronic cigarettes, in restricted common indoor areas where such agent is on duty, during the times such agent is on duty, that such individuals are in violation of this local law. d. Where an owner or building manager of a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503 is not the operator of such public place but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law. d-1. Where an owner or building manager of a sports arena or recreational area where using smokeless tobacco is prohibited pursuant to section 17-503.1 is not the operator of such arena or area but has an agent on duty in such arena or area, the owner or building manager shall designate such agent to inform individuals using smokeless tobacco (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law. e. Where an owner or building manager of a building in which a place of employment is located where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-504 is not the operator or employer of such place of employment but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law. Such owner or building manager shall also mail a notice to tenants operating such place of employment, informing such tenants of their obligations under this chapter with respect to such restricted common indoor areas. A copy of the mailed notice shall be provided to the department upon request. f. The department shall seek to obtain voluntary compliance with this chapter by means of publicity and education programs, and the issuance of warnings, where appropriate. g. The department of parks and recreation shall have the power to enforce section 17-503 as it relates to property under its jurisdiction. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2013/152, and L.L. 2020/080.

NYC Admin. Code § 17-508 Violations and penalties.

§ 17-508 Violations and penalties. a. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of premises in which smoking, using electronic cigarettes, or using smokeless tobacco is prohibited or restricted pursuant to this chapter, or the designated agent thereof, to (i) provide a room designated for smoking, or using electronic cigarettes, including, but not limited to, a separate smoking room, room for using electronic cigarettes or an enclosed room, which fails to comply with the provisions of this chapter; provided, however, that the obligations of an owner or building manager of a building (where such owner or building manager of a building in which a public place is located is not the operator or employer of such public place) with respect to such a room shall be limited to work authorized by any permits necessary to perform construction obtained by the owner or his or her agent; (ii) fail to post the signs required by section 17-506; (iii) fail to remove ashtrays as required by subdivision d of section 17-506; or (iv) fail to make a good faith effort to comply with subdivisions c, d, d-1, and e of section 17-507. In actions brought for violations of this subdivision, the following shall be affirmative defenses: (i) that during the relevant time period actual control of the premises was not exercised by the respondent or a person under the control of the respondent, but rather by a lessee, sublessee or any other person; provided, however, that after receiving the notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that he or she has not exercised actual control during the relevant time period; (ii) that a person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 was informed by a person who owns, manages, operates or otherwise controls the use of such premises, or the designated agent thereof, that such person smoking, using an electronic cigarette, or using smokeless tobacco is in violation of this local law and that such person who owns, manages, operates or otherwise controls the use of such premises has complied with all applicable provisions of this chapter during the relevant time period; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that respondent informed the person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 that such person was in violation of this local law and that respondent has complied with all applicable provisions of this chapter during the relevant time period; or (iii) that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the owner or building manager of the premises (where such owner or building manager of a building in which a public place or a place of employment is located is not the operator or employer of such public place or place of employment) or by the operator of a multiple dwelling that such person smoking, or using an electronic cigarette, is in violation of this local law because such owner, building manager or operator did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that such owner or building manager has, where applicable, complied with the mailing of a notice required pursuant to subdivision e of section 17-507; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the respondent that such person smoking, or using an electronic cigarette, is in violation of this local law because the respondent did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that the respondent has, where applicable, mailed the notice required pursuant to subdivision e of section 17-507. b. It shall be unlawful for an employer whose place of employment is subject to regulation under section 17-504 to fail to comply with the provisions of that section, including, but not limited to, those provisions requiring the adoption, implementation, dissemination and maintenance of a written smoking and electronic cigarette use policy which conforms to the requirements of subdivision e of section 17-504, or to fail to make a good faith effort to comply with subdivision c of section 17-507. In actions brought for violations of this subdivision, it shall be an affirmative defense that the employer (i) has made good faith efforts to insure that employees comply with the provisions of such written smoking and electronic cigarette use policy and (ii) has complied with all applicable provisions of this chapter. c. [Repealed.] d. It shall be unlawful for any person to smoke, use an electronic cigarette, or use smokeless tobacco in any area where such activity is prohibited under section 17-503, section 17-503.1 or section 17-504. d-1. It shall be unlawful for any owner of a class A multiple dwelling to fail to: 1. adopt a smoking policy as required by subdivision a of section 17-506.1; 2. disclose such policy as required by subdivision b of such section; 3. provide notification of a material change to such policy as required by subdivision c of such section; or 4. make available copies of such policy as required by subdivision d of such section. d-2. It shall be unlawful for any tenant-shareholder, condominium unit owner, or tenant who rents or leases a dwelling unit to another person to fail to disclose a smoking policy as required by paragraph 3 or 6 of subdivision b of section 17-506.1. e. 1. Every person who violates subdivisions a or b of this section shall, for a first violation thereof, be liable for a civil penalty of not less than two hundred dollars nor more than four hundred dollars; for a second violation, both of which were committed within a period of twelve months, be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars; and for a third or subsequent violation, all of which were committed within a period of twelve months, be liable for a civil penalty of not less than one thousand dollars nor more than two thousand dollars. Notwithstanding any provision of law in this paragraph to the contrary, where a person prohibits smoking and the use of electronic cigarettes in all indoor places of employment pursuant to subdivision a of section 17-504, and such person is in compliance with subdivision a of section 17-506 of this chapter, a violation of subdivision b of this section by such person for failure to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy in the workplace shall, for a first violation thereof, make such person liable for a civil penalty of fifty dollars; for a second violation thereof, both of which were committed within a period of twelve months, liable for a civil penalty of one hundred dollars; and for a third or subsequent violation thereof, all of which were committed within a period of twelve months, liable for a civil penalty of one hundred fifty dollars. 2. Where a person prohibits smoking and the use of electronic cigarettes in all indoor places of employment pursuant to subdivision a of section 17-504, and such person is in compliance with subdivision a of section 17-506 of this chapter, such person shall not be subject to a civil penalty for a violation of subdivision b of this section for failure to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of this section by failing to comply with subdivision f of section 17-504 through failure to post a smoking and electronic cigarette use policy or any rule or regulation issued thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. 3. Every person who violates subdivision d of this section shall be liable for a civil penalty of one hundred dollars for each violation, except that every person who violates subdivision d of this section by smoking, or using an electronic cigarette, in a pedestrian plaza as prohibited by paragraph seven of subdivision c of section 17-503 or in a park or other property under the jurisdiction of the department of parks and recreation as prohibited by paragraph three of subdivision d of section 17-503 shall be liable for a civil penalty of fifty dollars for each violation. Every owner of a class A multiple dwelling who violates subdivision d-1 of this section, and every tenant-shareholder, condominium unit owner and tenant who violates subdivision d-2 of this section, shall be liable for a civil penalty of one hundred dollars for each violation, provided that a violation of paragraph two, three or four of subdivision d-1 shall be considered a single violation regardless of whether such owner failed to disclose a smoking policy, to provide notification of adoption of such policy or a material change to such policy, or to make available copies of such policy to more than one person. f. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision e of this section shall be commenced by the service of a notice of violation which shall be returnable to the office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, except that a proceeding to recover a civil penalty authorized pursuant to subdivision e for violation of subdivision d by smoking, or using an electronic cigarette, in a pedestrian plaza or in a park or other property under the jurisdiction of the department of parks and recreation, as prohibited by paragraph seven of subdivision c and by paragraph three of subdivision d of section 17-503 respectively, shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, or acting pursuant to section 1049-a of the charter, shall have the power to impose the civil penalties prescribed by subdivision e of this section. g. Whenever a notice of violation of subdivision a or b of this section is served by a person with power to enforce the provisions of this chapter pursuant to subdivision a of section 17-507, such notice shall, where applicable, include an order which requires the respondent to correct the condition constituting the violation and to file a certification with the department that the condition has been corrected. Such order shall require that the condition be corrected within ten days from the date that the order is issued and that certification of the correction of the condition be filed with the department in a manner and form within such further period of time to be determined in accordance with rules and regulations promulgated by the commissioner. h. If the administrative tribunal established by the board of health or the environmental control board finds, upon good cause shown, that the respondent cannot correct the violation specified in subdivision g of this section, it may postpone the period for compliance with such order upon such terms and conditions and for such period of time as shall be appropriate under the circumstances. i. In any proceeding before the office of administrative trials and hearings, acting pursuant to subdivision g of this section, if such office finds that the department or other agency issuing the notice of violation has failed to prove the violation charged, it shall notify the department or other agency issuing the notice of violation, and the order requiring the respondent to correct the condition constituting the violation shall be deemed to be revoked. j. When the owner or operator of a bar has been found to be in violation of subparagraph c of paragraph twenty of subdivision a of section 17-503 on two or more occasions on the basis of one or more employees being in a separate smoking room at times not permitted under this chapter, the tribunal shall revoke the right of such owner or operator to maintain a separate smoking room in such bar. k. The penalties provided by this section shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder. l. When a person who has been issued a permit to operate a non-tobacco hookah establishment has been found to have been in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, the commissioner shall revoke the permit issued to such person to operate such non-tobacco hookah establishment. m. A non-tobacco hookah establishment found to be in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law shall be responsible for any expert costs relating to proving such violation. The recovery of the costs authorized by this subdivision shall be in addition to any other penalties imposed by this section or by any other provision of law. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/141, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/147, 8/28/2017, eff. 8/28/2018; Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, L.L. 2002/047, L.L. 2013/152, L.L. 2017/187, and L.L. 2021/080.

NYC Admin. Code § 17-509 Waiver. [Repealed] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, and L.L. 2002/047.

NYC Admin. Code § 17-510 Public education.

§ 17-510 Public education. The department shall engage in a continuing program to explain and clarify the provisions and purposes of this chapter and shall provide assistance to those persons who seek to comply, and to those who want to stop smoking, using electronic cigarettes, or using smokeless tobacco. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 2013/152.

NYC Admin. Code § 17-511 Governmental agency cooperation.

§ 17-511 Governmental agency cooperation. The department shall seek to encourage state and federal governmental and educational agencies having facilities within the city of New York, but not subject to the provisions of this chapter, to establish local operating procedures which substantially conform to the requirements of this chapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002.

NYC Admin. Code § 17-512 General provisions.

§ 17-512 General provisions. a. Nothing in this chapter shall be construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity 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, electronic cigarette-free, or tobacco-free policy which completely prohibits smoking, using electronic cigarettes, or using smokeless tobacco 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, using electronic cigarettes, or using smokeless tobacco 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. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002, L.L. 1995/005, and L.L. 2013/152.

NYC Admin. Code § 17-513 Rules.

§ 17-513 Rules. a. The commissioner shall promulgate rules in accordance with the provisions contained in this chapter, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter. b. The department of parks and recreation and the department of transportation may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter. In determining the advisability of requiring that certain protections from second-hand smoke be provided in restaurant bars, the commissioners shall consider any applicable standards or recommendations of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, any applicable standards or recommendations of the United States environmental protection agency and the occupational safety and health administration of the United States department of labor with respect to indoor air quality relating to second-hand smoke, the impact on public health of exposure to second-hand smoke and any other factors which such commissioners deem appropriate. Such commissioner shall report to the council by January 1, 1996 regarding the results of the study required pursuant to this subdivision and any recommendations. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 1995/005.

NYC Admin. Code § 17-513.1 Effective dates for membership associations, owner operated bars, tobacco bars and non-tobacco hookah establishments.

§ 17-513.1 Effective dates for membership associations, owner operated bars, tobacco bars and non-tobacco hookah establishments. a. Any entity who in good faith believes itself to be a membership association shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a membership association. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity. b. Any entity who in good faith believes itself to be an owner operated bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as an owner operated bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity. c. Any entity who in good faith believes itself to be a tobacco bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a tobacco bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity. d. Any entity that in good faith believes itself to be a non-tobacco hookah establishment shall have 180 days from the effective date of the local law that added this subdivision to apply to the department for a permit as a non-tobacco hookah establishment. No permit application shall be approved by the department for any entity that fails to meet any requirement for a permit contained in subdivision g of section 17-513.5. During the period of time from the effective date of the local law that added this subdivision until the expiration of 180 days, no provision of the local law that added this subdivision, except for the provisions of this section, shall apply to such entity. (Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/047 and L.L. 2017/187.

NYC Admin. Code § 17-513.2 Construction.

§ 17-513.2 Construction. a. The provisions of this chapter shall not be interpreted or construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity is prohibited or otherwise restricted by other applicable laws, rules or regulations. b. Class A multiple dwelling smoking policy requirement. The civil penalty provided in paragraph 3 of subdivision e of section 17-508 shall be the sole remedy for violation of subdivision d-1 or d-2 of such section. (Am. L.L. 2016/042, 4/6/2016, eff. 4/6/2016; Am. L.L. 2017/147, 8/28/2017, eff. 8/28/2018; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/047, L.L. 2013/152, and L.L. 2021/080.

NYC Admin. Code § 17-513.3 Retail tobacco store and retail electronic cigarette store registration.

§ 17-513.3 Retail tobacco store and retail electronic cigarette store registration. It shall be unlawful for any individual to operate a retail tobacco store or a retail electronic cigarette store without having registered with the department in accordance with the rules of the department. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/152.

NYC Admin. Code § 17-513.4 Retail tobacco store and retail electronic cigarette store verification.

§ 17-513.4 Retail tobacco store and retail electronic cigarette store verification. The department shall promulgate rules and regulations necessary to establish a system for review and verification of total annual gross sales of retail tobacco stores and retail electronic cigarette stores. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/152.

NYC Admin. Code § 17-513.5 Non-tobacco hookah establishments.

§ 17-513.5 Non-tobacco hookah establishments. a. It shall be unlawful for a person to operate a non-tobacco hookah establishment without a permit from the department. b. A permit issued pursuant to this section shall be valid for one year. c. A permit issued pursuant to this section is not assignable or transferrable. d. Where any person becomes the beneficial owner of 10 percent or more of the stock of an organization to which a permit has been granted pursuant to this section, if such person previously did not hold at least a 10 percent interest, such permit shall immediately become void. e. Any permit issued pursuant to this section shall immediately become void upon the addition or termination of any general partner or upon the dissolution of a partnership that owns a non-tobacco hookah establishment. f. The department may charge a fee of $25 for a permit issued pursuant to this section. g. To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah establishment, a person shall demonstrate that: 1. such non-tobacco hookah establishment generated 50 percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products; 2. such non-tobacco hookah establishment has been operating as a non-tobacco hookah establishment since at least the date of enactment of the local law that created this section, and has not expanded its size or changed its location on or after the date of enactment of the local law that added this section; 3. such non-tobacco hookah establishment has not been found to have served shisha containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, after the effective date of the local law that added this section; 4. such non-tobacco hookah establishment does not owe a civil penalty for a violation of any provision of this chapter or of chapter 7 of title 17; and 5. the permit of such non-tobacco hookah establishment issued pursuant to this section has not been revoked pursuant to subdivision l of section 17-508 or subdivision b of section 17-716. (L.L. 2017/187, 10/16/2017, eff. 4/14/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.

NYC Admin. Code § 17-514 Report.

§ 17-514 Report. Not later than twelve months after the effective date of this local law, and each year thereafter, the department shall submit a report to the mayor and the council concerning the administration and enforcement of this local law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/002 and L.L. 1995/005.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-28815Fetched: 10/24/2026