Bill Text: NY A01025 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of tobacco products at vending stands or in vending machines in state buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-09-15 - signed chap.373 [A01025 Detail]

Download: New_York-2023-A01025-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1025

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations

        AN ACT to amend the public buildings law, in relation to prohibiting the
          sale of tobacco products at vending stands leasing space and in  vend-
          ing machines in a state building

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a) and (b) of subdivision 13 of  section  3  of
     2  the  public  buildings  law, paragraph (a) as added by chapter 83 of the
     3  laws of 1995 and paragraph (b) as amended by chapter 265 of the laws  of
     4  2013, are amended to read as follows:
     5    (a)  In  his  or her discretion, lease space in any public building or
     6  other premises under his or her supervision  and  control,  pursuant  to
     7  this  article,  to any person, firm or corporation, for the operation of
     8  restaurants, retail stores, vending stands for the sale  of  newspapers,
     9  periodicals,  confections[,  tobacco  products]  and such other articles
    10  that are not tobacco products, as may be approved  by  the  commissioner
    11  for  each  stand,  and  for  bootblack  service. Any such lease shall be
    12  subject to such terms and conditions as he or she may deem  proper,  but
    13  for  a  term not exceeding five years, except that the commissioner may,
    14  in his or her discretion, lease space for a term of not  more  than  ten
    15  years  where  extensive  renovation  or  repair to or improvement of the
    16  space is required of or by the lessee and  the  commissioner  determines
    17  that  it is reasonable for the costs thereof to be amortized over a term
    18  greater than five years. Nothing herein shall restrict the  commissioner
    19  from  providing  in  any such lease for its renewal or extension, at the
    20  commissioner's option, for terms of five  years  or  less.  However,  in
    21  order  to  provide  blind  persons with remunerative employment, enlarge
    22  their economic opportunities and facilitate their efforts  to  be  self-
    23  supporting,  whenever  feasible,  permits  shall  be  given to the state

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01190-01-3
        A. 1025                             2

     1  department of social services for the operation of  vending  stands  and
     2  machines.
     3    (b)  Issue  to the office of children and family services a permit for
     4  any of the purposes mentioned in this subdivision to be  operated  by  a
     5  blind  person  or  persons as defined in subdivision four of section two
     6  hundred eight of the social services law or for the operation of vending
     7  machines and similar  devices  dispensing  food,  confections,  [tobacco
     8  products,]  coffee, tea, milk, soft drinks and such other articles, that
     9  are not tobacco products, as may be approved by him or her in  consulta-
    10  tion with the office of children and family services, for the benefit of
    11  the general purposes of the business enterprise program for the blind of
    12  the office of children and family services commission for the blind, and
    13  upon  such  terms and conditions as the commissioner may deem proper but
    14  without provision for payment of rent or other  consideration  for  such
    15  permits,  and  for  a term not exceeding five years, which permit may be
    16  extended and renewed. Such permit shall include a provision  authorizing
    17  the  office  of  children and family services to assign or transfer such
    18  permit to a blind person or persons, as  herein  referred  to,  for  the
    19  purposes  aforesaid,  and it shall also provide that the office of chil-
    20  dren and family services shall send to the commissioner a notice of  any
    21  assignment  or  transfer  as  aforesaid, which notice shall contain such
    22  information as the  commissioner  shall  require.  The  permit  and  any
    23  assignment  or transfer thereof shall reserve (i) to the office of chil-
    24  dren and family services the power of supervision over the  conduct  and
    25  operation  of  the premises covered thereby and (ii) to the commissioner
    26  of general services the right to revoke such permit or the assignment or
    27  transfer thereof upon the mailing to  the  last  known  address  of  the
    28  assignee  or assignees a notice of such revocation to be effected within
    29  such period of time as the commissioner shall deem to be reasonable.
    30    § 2. This act shall take effect immediately; provided,  however,  that
    31  the  provisions  of  this  act  shall not apply to any lease, renewal or
    32  extension of leased space entered into, or permit for the operation of a
    33  vending machine issued prior to such effective date.