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Smoking Ban: State Follows NYC

By ALM Staff | Law Journal Newsletters |
April 01, 2003

With surprising alacrity, the New York State Legislature followed the lead of the New York City Council by banning smoking in all respects in the workplace, and went further by eliminating some of the few exceptions present in the City law applicable to restaurants and bars. Governor George Pataki signed the bill within hours of receiving it from the Legislature. The new law, which takes effect in late July, is one of the strictest state smoking bans in the country.

The New York State law prohibits smoking in all enclosed areas within public places, including public transportation facilities, public means of mass transportation (such as subway cars and all underground areas of subway stations, buses, vans, taxis, car services, and limousines), public rest rooms, retail stores (with the exception of tobacco stores), and restaurants (subject to the outdoor exemptions discussed below).

Also included are business establishments such as banks, financial institutions or other offices where professional, consumer, religious or not-for-profit services are located (eg, doctors' offices, dentists' offices, and counseling services offices), libraries, museums and galleries, movie theatres and concert halls, as well as buildings used primarily for exhibitions, stage, music and dance, lecture or other such performances, auditoriums, convention halls, sports arenas and recreation areas (including all stadiums, race tracks, billiard parlors or any such other places where the public assembles to either exercise or to participate in or witness any sports or recreational activity).

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