Section 1399-O. Smoking restrictions  


Latest version.
  • Smoking shall not be permitted and no
      person shall smoke in the following indoor areas:
        1. places of employment;
        2. bars;
        3. food service establishments, except as provided in subdivision  six
      of section thirteen hundred ninety-nine-q of this article;
        4.  enclosed  indoor  areas  open  to the public containing a swimming
      pool;
        5. public means of mass transportation, including subways, underground
      subway stations, and when occupied by passengers, buses, vans,  taxicabs
      and limousines;
        6.  ticketing,  boarding  and  waiting  areas in public transportation
      terminals;
        7. youth centers and facilities for detention as defined  in  sections
      five hundred twenty-seven-a and five hundred three of the executive law;
        8.  any  facility  that  provides  child  care  services as defined in
      section four hundred ten-p of the social  services  law,  provided  that
      such  services  provided  in  a  private  home  are  excluded  from this
      subdivision when children enrolled in such day care are not present;
        9. child day care centers as defined in section three  hundred  ninety
      of  the  social  services law and child day care centers licensed by the
      city of New York;
        10. group homes for children  as  defined  in  section  three  hundred
      seventy-one of the social services law;
        11.  public  institutions  for  children  as  defined in section three
      hundred seventy-one of the social services law;
        12. residential treatment facilities for children and youth as defined
      in section 1.03 of the mental hygiene law;
        13.  all  public  and  private  colleges,   universities   and   other
      educational   and   vocational   institutions,   including  dormitories,
      residence halls, and other group residential facilities that  are  owned
      or  operated  by  such  colleges, universities and other educational and
      vocational institutions, except that these restrictions shall not  apply
      in  any  off-campus  residential  unit  occupied  by a person who is not
      enrolled as an undergraduate student  in  such  college,  university  or
      other educational or vocational institution;
        14.  general  hospitals  and  residential  health  care  facilities as
      defined in article twenty-eight of this chapter, and other  health  care
      facilities  licensed  by  the  state  in which persons reside; provided,
      however, that the provisions of  this  subdivision  shall  not  prohibit
      smoking  by  patients  in  separate enclosed rooms of residential health
      care facilities, adult care facilities established  or  certified  under
      title  two of article seven of the social services law, community mental
      health residences established under section 41.44 of the mental  hygiene
      law,  or facilities where day treatment programs are provided, which are
      designated as smoking rooms for patients of such facilities or programs;
        15. commercial establishments used for the purpose of carrying  on  or
      exercising any trade, profession, vocation or charitable activity;
        16. indoor arenas;
        17. zoos; and
        18. bingo facilities.