Smoking Ban: State Follows NYC

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).

Smoking in playgrounds is also prohibited, as is smoking in health care facilities such as hospitals, clinics, physical therapists' offices and nursing homes (specially designated smoking rooms where day treatment programs are provided for patients of “residential health care facilities” are exempt from the act with the prior written approval of the fire commissioner).

Places of meeting or public assembling during such times as a meeting is open to the public and is being conducted for educational, religious, recreational or political purposes also comes under the ban. Smoking is prohibited in all schools, colleges, and universities as well as all children's institutions, such as youth centers, group homes for children, public institutions and residential treatment facilities. Bingo halls, elevators and indoor areas of zoos, including aquariums, are also affected.

The State law will preempt certain exemptions present in the City law. For example, smoking will not be allowed at establishments that are operated by their owners, such as owner-run neighborhood bars. Further, bars and nightclubs will not be permitted to build specially ventilated smoking rooms for use for up to 3 years. Smoking will only be permitted in such limited settings as private hotel rooms, cigar bars, and membership clubs with no paid employees.

Senate majority leader Joseph L. Bruno was quoted as saying, “[this legislation is] probably the most important the Legislature has passed in years.”

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).

Smoking in playgrounds is also prohibited, as is smoking in health care facilities such as hospitals, clinics, physical therapists' offices and nursing homes (specially designated smoking rooms where day treatment programs are provided for patients of “residential health care facilities” are exempt from the act with the prior written approval of the fire commissioner).

Places of meeting or public assembling during such times as a meeting is open to the public and is being conducted for educational, religious, recreational or political purposes also comes under the ban. Smoking is prohibited in all schools, colleges, and universities as well as all children's institutions, such as youth centers, group homes for children, public institutions and residential treatment facilities. Bingo halls, elevators and indoor areas of zoos, including aquariums, are also affected.

The State law will preempt certain exemptions present in the City law. For example, smoking will not be allowed at establishments that are operated by their owners, such as owner-run neighborhood bars. Further, bars and nightclubs will not be permitted to build specially ventilated smoking rooms for use for up to 3 years. Smoking will only be permitted in such limited settings as private hotel rooms, cigar bars, and membership clubs with no paid employees.

Senate majority leader Joseph L. Bruno was quoted as saying, “[this legislation is] probably the most important the Legislature has passed in years.”