Bill Text: NY S04412 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes a license to sell liquor at retail for consumption on premises in a cigar lounge; defines "cigar lounge"; requires cigar lounges to provide written notification warning employees of the dangers of exposure to tobacco smoke.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2024-06-03 - referred to economic development [S04412 Detail]

Download: New_York-2023-S04412-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4412

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 8, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          establishing  a  license  to  sell liquor at retail for consumption on
          premises in a cigar lounge; and to amend the labor law, in relation to
          requiring  cigar  lounges  to  provide  written  notification  warning
          employees of the dangers of exposure to tobacco smoke

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

     1    Section 1. Section 3 of the alcoholic beverage control law is  amended
     2  by adding a new subdivision 7-e to read as follows:
     3    7-e.  "Cigar lounge" means any bona fide retail store that: (a) caters
     4  to patrons who purchase and smoke premium cigars;  (b)  generates  sixty
     5  percent  of its quarterly adjusted gross revenue from the sale of cigar-
     6  related products, which is limited to cigars, humidors,  cigar  cutters,
     7  cigar  cases,  lighters  and  ashtrays. Revenue from state lottery, mail
     8  order, and internet sales, as  well  as  revenue  generated  from  other
     9  tobacco  sales  in  store, including cigarettes and loose tobacco sales,
    10  shall not be used to determine whether an  establishment  satisfies  the
    11  definition  of a cigar lounge; (c) has a humidor on the premises; (d) is
    12  open to the public on a regular basis; (e) has seating for a minimum  of
    13  fifteen  patrons; (f) does not allow any person under the age of twenty-
    14  one on the premises unless accompanied by a parent, legal  guardian,  or
    15  adult  spouse;  (g)  does  not  allow service of food and the smoking of
    16  cigarettes, e-cigarettes, hookah or shisha; and (h) holds a current  New
    17  York retail dealer certificate of registration for cigarettes and tobac-
    18  co  products  and such business was issued their first certificate prior
    19  to June first, two thousand eighteen at  any  address.  A  cigar  lounge
    20  shall  be a permanent structure where stock is displayed and offered for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06300-01-3
        S. 4412                             2

     1  sale and that has facilities to properly secure any stock  of  alcoholic
     2  beverages.
     3    §  2.  The  alcoholic  beverage control law is amended by adding a new
     4  section 64-f to read as follows:
     5    § 64-f. License to sell liquor at retail for consumption  on  premises
     6  in  a  cigar  lounge. 1. A cigar lounge means a business which meets the
     7  requirements of a cigar lounge as defined in section three of this chap-
     8  ter.
     9    2. Any person currently licensed in New  York  with  a  retail  dealer
    10  certificate  of registration for cigarettes and tobacco products who was
    11  first issued such certificate prior to June first, two thousand eighteen
    12  at any address and who does not currently  or  did  hold  prior  a  club
    13  liquor or club beer license at the same location of the cigar lounge may
    14  make  an  application  to  the  appropriate  board for a license to sell
    15  liquor at retail to be consumed on the  premises  where  sold  and  such
    16  license shall be issued to all applicants except for good cause shown.
    17    3.  Such  application  shall  be  in  such form and shall contain such
    18  information as shall be required by the rules of  the  liquor  authority
    19  and  shall  be accompanied by a check or draft in the amount required by
    20  this article for such license.
    21    4. Such license shall, in form and in substance, be a license  to  the
    22  person  specifically  licensed  to  sell liquor at retail to be consumed
    23  upon the premises. Such license  shall  also  be  deemed  to  include  a
    24  license  to  sell  wine and beer at retail to be consumed under the same
    25  terms and conditions without the payment of any additional fee.
    26    5. Such license shall waive any requirement of  prepared  or  non-pre-
    27  pared  food  to  be  available  on  premises. Food cannot be prepared or
    28  served by a licensee.
    29    6. Such license shall require that a cigar lounge stock  liquor,  beer
    30  and wine products produced in New York state as at least five percent of
    31  its  liquor,  beer and wine selections, provided that these products are
    32  readily available to the cigar lounge.
    33    7. All applicants for employment at a cigar lounge shall be  presented
    34  with  a  written  notice  that states that working in a cigar lounge has
    35  serious and permanent negative health effects, including, but not limit-
    36  ed to, an increased risk of cancer and heart disease, and that no  level
    37  of exposure to second-hand smoke is safe.
    38    §  3.  Section  66 of the alcoholic beverage control law is amended by
    39  adding a new subdivision 11 to read as follows:
    40    11. The annual fee for a license to sell liquor at retail for consump-
    41  tion on premises in a cigar lounge shall be one thousand  seven  hundred
    42  ninety-two dollars per year.
    43    § 4. The labor law is amended by adding a new section 202-n to read as
    44  follows:
    45    §  202-n. Cigar lounge employees; tobacco smoke exposure notification.
    46  A cigar lounge, as defined in section three of  the  alcoholic  beverage
    47  control  law,  shall  provide written notice to all employees and appli-
    48  cants for employment that working in a cigar lounge  may  cause  serious
    49  negative health effects, including an increased risk of cancer and heart
    50  disease  and that no level of exposure to environmental tobacco smoke is
    51  safe.
    52    § 5. This act shall take effect immediately.