N.Y. Pub. Health Law § 1399-q

§ 1399-q. Smoking and vaping restrictions inapplicable. 1. This\narticle shall not apply to:\n (a) Private homes and private residences;\n (b) Private automobiles;\n (c) A hotel or motel room rented to one or more guests;\n (d) Retail tobacco businesses;\n (e) Membership associations; provided, however, that smoking and\nvaping shall only be allowed in membership associations in which all of\nthe duties with respect to the operation of such association, including,\nbut not limited to, the preparation of food and beverages, the service\nof food and beverages, reception and secretarial work, and the security\nservices of the membership association are performed by members of such\nmembership association who do not receive compensation of any kind from\nthe membership association or any other entity for the performance of\nsuch duties;\n (f) Cigar bars that, in the calendar year ending December\nthirty-first, two thousand two, generated ten percent or more of its\ntotal annual gross income from the on-site sale of tobacco products and\nthe rental of on-site humidors, not including any sales from vending\nmachines, and is registered with the appropriate enforcement officer, as\ndefined in subdivision one of section thirteen hundred ninety-nine-t of\nthis article. Such registration shall remain in effect for one year and\nshall be renewable only if: (a) in the preceding calendar year, the\ncigar bar generated ten percent or more of its total annual gross income\nfrom the on-site sale of tobacco products and the rental of on-site\nhumidors, and (b) the cigar bar has not expanded its size or changed its\nlocation from its size or location since December thirty-first, two\nthousand two;\n (g) Outdoor dining areas of food service establishments with no roof\nor other ceiling enclosure; provided, however, that smoking and vaping\nmay be permitted in a contiguous area designated for smoking and vaping\nso long as such area: (a) constitutes no more than twenty-five percent\nof the outdoor seating capacity of such food service establishment, (b)\nis at least three feet away from the outdoor area of such food service\nestablishment not designated for smoking and vaping, and (c) is clearly\ndesignated with written signage as a smoking and vaping area;\n (h) Enclosed rooms in food service establishments, bars, catering\nhalls, convention halls, hotel and motel conference rooms, and other\nsuch similar facilities during the time such enclosed areas or rooms are\nbeing used exclusively for functions where the public is invited for the\nprimary purpose of promoting and sampling tobacco products or electronic\ncigarettes, and the service of food and drink is incidental to such\npurpose, provided that the sponsor or organizer gives notice in any\npromotional material or advertisements that smoking and vaping will not\nbe restricted, and prominently posts notice at the entrance of the\nfacility and has provided notice of such function to the appropriate\nenforcement officer, as defined in subdivision one of section thirteen\nhundred ninety-nine-t of this article, at least two weeks prior to such\nfunction. The enforcement officer shall keep a record of all tobacco\nsampling events, and such record shall be made available for public\ninspection. No such facility shall permit smoking and vaping under this\nsubdivision for more than two days in any calendar year;\n (i) Retail electronic cigarette stores, provided however, that such\nstores may only permit the use of electronic cigarettes; and\n (j) Adult-use on-site consumption premises authorized pursuant to\narticle four of the cannabis law, provided however, that such locations\nmay only permit the smoking or vaping of cannabis.\n 2. The restrictions of this article on the smoking or vaping of\ncannabis shall continue to apply to those locations identified in\nparagraphs (b), (d), (f), (g), (h) and (i) of subdivision one of this\nsection.\n