N.Y. Pub. Health Law § 1399-dd

§ 1399-dd. Sale of tobacco products, herbal cigarettes or electronic\ncigarettes in vending machines. No person, firm, partnership, company or\ncorporation shall operate a vending machine which dispenses tobacco\nproducts, herbal cigarettes or electronic cigarettes unless such machine\nis located: (a) in a bar as defined in subdivision one of section\nthirteen hundred ninety-nine-n of this chapter, or the bar area of a\nfood service establishment with a valid, on-premises full liquor\nlicense; (b) in a private club; (c) in a tobacco business as defined in\nsubdivision eight of section thirteen hundred ninety-nine-aa of this\narticle; or (d) in a place of employment which has an insignificant\nportion of its regular workforce comprised of people under the age of\ntwenty-one years and only in such locations that are not accessible to\nthe general public; provided, however, that in such locations the\nvending machine is located in plain view and under the direct\nsupervision and control of the person in charge of the location or his\nor her designated agent or employee.\n