exhibit c - 1988 ciaa

§ 17-501 E CGnE (Titte I

CHAPTER 5*

CLEAN INDOOR AIR ACT~ 17-561 Short title .~ 17-502 Definitions .~ 17-5p3 Prohibition of smoking in public places.~§ 17-504 Regulation of smoking in places of employment .g 17-605 Areas where smoking is not regulated.g 17-S06 Posting of signs .g 17-507 Enforcement.g 17-508 Violations and penalties,~ 17-504 Waiver .~ 17-510 Public education.~ 17-511 Governmental agency cooperation.§ 17-512 General provisions .J 17-513 Regulations .j 17-514 Report .

§ t7-54E Short title. This chapter shall be known and may becited as the "Clean Indoor Air Act ."

HISTORICAL NOTESection added LL 2/1988 § Z.

§ 2 7-542 Definitions . As used in this chapter, the followingterms shall be defined as follows :

` Chapter added L .L. 2f i 488 § 2.NOTE

ESfective 4/fr)1988 LL 2/3988 provisionsSection one. Legislative findings. The City Council herebyr finds that the n:g-

ulation and control of smoking in enclosed public places is a matter of vitalconcern, affecting the public health, safety and weifare of all New Yorkers . Thereis increasing scientific evidence that passive exposure to cigarette smoke (second-hand smoke) is linked to a variety of negative health consequences in humans,including lung cancer, bronchitis, pneumonia, acute respiratory disease, cardio-vascular disease, decreased pulmonary function, and low birth weight in childrenborn to smokers. Such health consequences have been documented by the U .S.Sutgean General and the National Academy of Sciences and virtually every taajorheatth organization that has studied the effects of second-hand smoke. With respectto the adverse health effects of second-hand smoke, the Surgeon General hasconcluded that: "(tlhe scientific case against involuntary smoking as a health riskis more than sufficient to justify appropriate remedial action :'

Many jurisdiction.s around the country have already taken such action, as it isestimated that about 150 cities and 40 states have enacted legislation or regulationswhich in some way place restrictions on smoking in public places.

Given the current state of scientific evidence on the adverse health effects ofsecond-hand smoke, the Council, in enacting this chapter, seeks to accomplishtwo goais: (I} to protect the public health and welfare bypsohihiting smoking incertain public places ez«g t in destgnated smoking areas and by regulating smokingin the worktslace; and (2) to strike a reasonab€e balance between persons whosmoke and the right of nonsmokers to breathe smoke-free air .§ 3. This local law shall take effect ninety days after its enactment . Actions

necessary to prepare for the implementation of this local law may be taken priorto its effective date.

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http://legacy.library.ucsf.edu/tid/dfk44a00/pdf

FILED: NEW YORK COUNTY CLERK 01/15/2015 05:25 PM INDEX NO. 152723/2014

NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/15/2015

a. "Area of public accommodation" means any room in anenclosed public place to which the public is invited or permitted,and which is designed or arranged to accommodate more thanten members of the public at the same time .b. "Bar" means an area which is devoted to the selling and

serving of alcoholic beverages for consumption by patrons on thepremises and in which the serving of food, if served at all, isonly incidental to the consumption of such beverages. Althougha bar may be contained within a larger restaurant, the term "bar"shall not include the dining area of such restaurant, even whenthe dining area is directly adjacent to or surrounds the bar area .

c. "Business establishment" means any sole proprietorship, part-nership, association, joint venture, corporation or other entityformed for profit-making purposes, including profesaional corpo-rations and other entities where legai, medicai, dental, engineering,architectural, financial, counseling, and other professional or con-sumer services are provided.d. "Commissioner" means the commissioner of the New York

City department of health .e. "Department" means the New York City department of

health.f. "Common work area" means:i . Any enclosed area on the premises of a place of employment

where two or more employees are assigned to sit or otherwise bepresent in the performance of their duties, and where such em-ployees share common work spaces, equipment or facilities suchthat each employee is aware of or readtly able to observe theactivities of others taking place in that work area .

2. Any enclosed area on the premises of a place of employmentwhich is occupied by a single employee, but which area is fre-quented by other employees andJor members of the general publicduring the normal course of business .g. "Employee" means any person who is employed by any

employer in return for the payment of direct or indirect monetarywages or profit, or any person who volunteers his or her servicesto such employer for no monetary compensation .

h. "Employer" means any person, partnership, association, cor-poration or non-profit entity which employs one or more persons .including agencies of the city of New York, as defined in section1-I l2 of the administrative code, and the council of the city ofNew York.

i. "Enclosed area" fataas sll space which is enclosed on allsides by solid walls, windows or IIoor-to-ceiling pattitions,, irre-spective of the size of such area and of any doorway, statrwayor passageway providing a meanp of ingress and egress to sucharea.

j. means a for-hire vehicle required to be licensedby the taxi and limousine commission, designed to carry fewerthan nine passengers, ezcluding the driver, whtctt is dispatchedfrom a garage, maintains a minimum of S5fl0,0oQ/Si,flt3ft,a44liability insurance coverage and in which passengers are chargedfees calculated on the basis of garage to garage servtce.

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§ 17-502 NEw YORK Ap!+ttvtsTtz .Artve CODE (Title 17

k. "Motton picture theater" means a motion picture theaterrequired to be licensed by the department of consumer afta`trspursuant to section _'ff-_t33 of the code .

i. "Non-profit entity" means any corporation, unincorporatedassociation or other assc>ciatton or other entttv created for char-ctabie, philanthropic, educational . political, social or other simitarpurposes, the net proceeds from the operations of which arecommitted to the promotion of the objects or purposes of theorganization and not to secure private financial gain . A publicagency is not a"non-profit entity" within the meaning of thissubdivision .m. of employment" means any indoor area under the

control of an employer which employees normally frequent duringthe course of employment, including, but not limited to, workareas, employee lounges and restrooms, conference and class rooms,employee cafeterias and hallways. A private residence is not a'.place of employment" within the meaning of this subdivisionunless a child care or health care facility is operated therein orunless it is a common area of a multiple dwelling which containsten or more dwelling units.

n . "Private function" means weddings, parties, testimonial din-ners and other similar gatherings in which the seating arrangementsare under the control of the organizer or sponsor of the eventand not the person who owns, manages, operates or otherwisecontrols the use of the place in which the function is held .o. "Public place" means any area to which the public is invited

or permitted, including, but not limited to, banks, educationalfacilities, health care facilities, shopping malls, property owned,occupied or operated by the city of New York or an agencythereof, public transportation facilities, reception areas, restaurants,retail stores, theaters, sports arenas and waiting rooms . A privateresidence is not a "public place" within the meaning of thissubdivision, unless a child care or health care facility is operatedtherein or unless it is a common area of a multiple dwelling whichcontains ten or more dwelling units .

p. means any coffee shop, cafeteria, luncheonette,sandwich stand, soda fountain, and any other commercial eatingestablishment, or part of any arganization, club, boardinghouse,or guesthouse, which gives or offers for sale food to the public,guests, or patrons. whether food is customarily consumed on oroff the prerrtises, but not an establishment whose primary purposeis to serve food to employees of a common employer or to studentsof a common educational institution .

q. "Retail store" means any place which in the regular courseof business sells goods directly to the public .

r. smoke" is that smoke to which people areinvoluntarily eaposed, either through a smoker exhaling smokefrom a tobacco product, or through the lighting or burning of anytobacco product.

s. "Service line` or "waiting area" means a queue, line or otherformation of persons, whether scated or standing, in which oneor more persons are waiting for, providing or receiving, service

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L.HiV. J} 1.U.N1Y t . .,. .~ .., .

of any kind. whether or not such service involves an exchangeof consideration .

t. "Smoke-free' work area" means an area within a place ofemployment where smoking is not permitted .

u. "Smoking" means inhaling, exhaling, burning or carrying anylighted cigar, cigarette, pipe, or any form of lighted object ordevice which contains tobacco.v. "Sports arena" means any sports pavilion, stadium, gym-

nasium, health spa, boxing arena, swimming pool, roller and iceskating rink, bowling alley and other similar place where membersof the general public assemble either to engage in physical exercise,participate in athletic competition or witness sports, cultural orsimilar events.w. "Tobacco business" means a sole proprietorship, corporation,

partnership or other enterprise in which the primary activity isthe sale, manufacture, or promotion of tobacco, tobacco productsand accessories either at wholesale or retail, and in which thesale, manufacture or promotion of other products is merely in-cidental .

HLSftIRiCAL NOTESect'ton added L.L 211988 § 2 .

§ i 7-5{}3 I'raitihition of smoking in public Piaa. Smoking is prohibited in all enclosed areas within public

places during the times in which the public is invited or perrrtitted,except as otherwise restricted in accordance with the provisionsbelow. Such public places include, but are not limited to, thefollowing:

! . Public transportation facilities, including, but not limited to,ticketing, boarding and waiting areas of public transit depots ;provided, however, that this section shall not prohibit smokingin contiguous waiting areas designated for smoking, so long assuch areas do not constitute more than fifty percent of the total

in the public transit depot .2. Public means of mass transportation, including, but not Gtn-d to, subway cars and all underground areas of a subway station,

, vans, taxicabs and ail for-hire vehicles required to bensed or franchised by the city of New York ; provided thatprohibition shall not apply to limousines .Public restrooms. -Retail stores (other tWia retail tobacco stores and certain

restaurants pursuant to paragraph five of this subdivision) whichare designed and arranged to accommodate more than one hundredfifty persons, or which employ more than fifteen persons at thesame location. Smoking may be permitted in retail stores whichare designed and arranged to accommodate one hundred fifty orfewer persons, and which employ fifteen or fewer persons, pro-vided: (A) That smoking is not otherwise prohibited by any otherlaw or regulation: and t8? That the proprietor of such establishmentposts signs at the entrance and at appropriate locations withinthe premises, indicating that smoking is permitted therein . A

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i

6 17-503 tiewt'nRr ~• . . i5rg.arM e Cooe jts`tle 17

rizopf?et'3£ of a r..?.a ctnra nnt nt}?PrwiS°tQ4trlctions of this section may voluntarily choose to prohibit~moking in his or her establishment in accordance with the pro-s istons pertaining to retail stores arranged to accommodate morethan one hundred fifty persons, or which employ more t4an fifteenpersons, by filing a notice with the department in a manner andform prescribed by rule or regulation of the department . Uponproper filing of such notice, all provisions of this chapter shalttake effect with respect to said establishment . Nothing in thisparagraph shall be construed to prohibit such proprietors who donot undertake such filing, from restricting smoking in their retailstores provided, however, that the proprietor shall post a sign atthe entrance indicating that smoking is permitted therein, andfurther, that the proprietor shall not state or otherwise representto the public that any of the provisions of this chapter are inefi'ect with respect to said establishment .

5. Restaurants with an indoor seating capacity of more thanfifty patrons; provided, however, that smoking may be permittedin any part of the restaurant which constitutes a bar as definedin subdivision b of section 17-502, and in a contiguous areadesignated for smoking, so long as such area contains no morethan fifty percent of the indoor seating capacity of the restaurant .A proprietor or other designated employee may, in his or herdiscretion, exceed the fifty percent limit for stnoking, by no morethan ten percent of the indoor seating capacity, in a situationwhere a party of six or more persons requests to be seated, at atime when the only available seats are located, in whole or inpart, in the nonsmoking section. A proprietor shall only accom-modate such party when the available seating is in an area con-tiguous to the designated smoking area of the restaurant . Everyrestaurant with a seating capacity of more than fifty patronspermitting smoking theretn in accordance with the provisions ofthis paragraph, shall post signs indicating that nonsmoking sectionsare available, in addition to any other signs as required by sub-division a of section 17-506 . When an employee responsible forseating arrangements is on duty each patron, prior to being seated,shall be asked his or her preference regarding seat location in asmoking or nonsmoking section. Smoking may be permitted inrestaurants with an indoor seating capacity of fifty patrons orfewer, provided : (A) That smoking is not otherwise prohibited bpany other law or regulation ; {B} That the proprietor of sttchestablishment, in accordance with rules and regulations promul-gated by the commissioner, certifies the indoor seating capacityof the restaurant; and (C) That the proprietor of such establishmentposts signs at the entrance and at appropriate locations withinthe premises, indicating that smoking is permitted therein . Anowner of a restaurant with an indoor seating capacity of fiftypatrons or fewer, who is not otherwise subject to the smokingrestrictions of this section, may volunt:.rily choose to prohibitsmoking in his or her establishment in accordance with the pro-visions pertaining to restaurants with an indoor seating capacityof more than fifty patrons, by filing a notice with the department

-94

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0

anni A f pres " d h- 'e or - . ..itati^^ Rf tt.rent. Upon proper filing of stfcti riotict, ni . pro .sa ...nS G-

shall take e€fect with respect io saiu rsiaQiisitment . N'otitingin this paragraph shall be construed to prohibit proprietors whodo not undertake such filing, from restricting smoking in theirrestaurants; provided, however, that the proprietor shall post asign at the entrance indicating that smoking is permitted therein,and further, that the proprietor shal l not state or otherwise rep-resent to the public that any of the pravisions of this chapter arein effect with respect to said establishment .

6. Business establishments employ t'ng more than fifteen em-ployees (other than restaurants, retail stores, and except as other-wise provided in this subdivision) including banks, hotels, motels,offices where professional or consumer services are rendered andnon-profit entities, including teligious institutions ; provided: (A)in business establishments and non-proflt entities employing fifteenor fewer employees at one location, smoking may be permittedin contiguous areas designated for smoking, provided that it shallbe the responsibility of employets, to the extent reasonably prac-ticable, to provide smoke-free work areas for nonsmoking em-ployees who sit or otherwise occupy common work areas in placesof employment and to give notice to employees of the locationof such smoke-free work areas; (B) That the smoking prohibition,within establishments or entities employing more than fifteenemployees, applies only to those areas of public accommodationand not to private areas to which the general public does nothave access; and (C) That with respect to hotcls and motels,smoking may be permitted in a contiguous area designated forsmoking, so long as such area, to the extent reasonably practicable,is not within a twenty -foot radius of that part of what is commonlyreferred to as the front desk or registration desk to which thepublic has access, and so long as such smoking area does notconstitute more than fifty percent of any area commonly calleda lobby .

7. Libraries, museums and galleries .8. Motion picture theaters, concert halls, auditoriums and build-

ings primarily used for, or designed for the primary purpose otibiting movies, stage drama, musical recital, dance, lecture or

other similar performance, except when smoking is part of atheatrical production; provided, however, that smoking may bepermitted in a contiguous area designated for smoking, so lon#as such area contains no more than fifty percent of any areacommonly called a lobby.

9. Convention Ila2is ; providEd, that smoking may be permitted :(A) In a contiguous area deiirutted for smohng, so long as sucharea constitutes no more iiaa twenty-five percent of the seatingcapacity or floor space open to the public, whichever is greater,for a particular event taking placq within the convention hail ; (B)En a cor.tigtious area designated for smoking, so long as suchsmoking area constitutes no more than fifty percent ocommonly called a lobby; and (C) At conventions of prsvate Oroupswhere the persons participating in the convention are individually

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9 tr--ntsJ NEW tuxn .yurvrtNuaK.attst tck131: tttcte 17

identified by the sponsor or organizer of the convention, or de .terrnined by law .

lD. Sports arenas: provided :tA3 That smoking may be permitted in a contiguous area des-

ignated for smoking, so long as such area constitutes no morethan fifty percent of any area commonly called a lobby; and

(B) That with respect to bowling alleys, smoking is prohibitedin the bowler settee area (the area occupied by bowlers whilekeeping score and actually bowling), but may be permitted in acontiguous designated area of the concourse (the area directlybehind the bowler settee area), so long as such smoking area doesnot constitute more than fifty percent of the floor space of theconcourse area_

1 F . Places of meeting or public assembly during such time asa meeting open to the public is being conducted for educational,eligious, recreational, or political purposes, but not includingmeetings conducted in private residences, unless a child or healthcare facility is operated therein or unless such meeting is conductedin a common area of a multiple dwelling which contains ten ormore dwelling units.

12. Health care facilities including, but not limited to, hospitals,clinics, physical therapy facilities, convalescent homes, and homesfor the aged; provided, however, that this section shall not prohibitsmoking in areas designated for smoking in restaurants and diningareas and in offices which are not ordinarily used for care andtreatment of patients as long as (A) prior written approval isreceived from the fire commissioner pursuant to section 27-4276of the code and (B) smoking in such restaurants and dining areasis not otherwise prohibited pursuant to paragraph five of thissubdivision, and smoking in offices which are not ordinarily usedfor care and treatment of patients is not otherwise prohibitedpursuant to section 17-504 . In addition, this section shall notprohibit smoking in patient lounges designated for smoking, pro-vided that (A) prior written approval is received from the firecommissioner pursuant to section 27-4276 of the code and (B)such lounges shall not constitute more than fifty percent of thetotal lounge space available .

13. All pre-prtmary, primary, and secondaryri g~ools providinginstruction for students at or below the twelfl de level; pro-vided, however, that this section shall not prohibit smoking inareas designated for smoking in employee dining areas, lounges,or administrative offices_ so lona as tA) ortor written avvroval isreceived from the fire commissioner, and (B) smoking in sareas is not otherwise prohibited pursuant to section 17-504 .

14. A21 schools other than those covered in paragraph thirteenof this subdivision including, but not limited to, communitycolleges, technical training establishments, specialty schools, col-leges and universities; provided, however, that this section shallnot prohibit smoking in :(A) Areas designated for smoking in employee lunchrooms,

cafeterias and lounges, pursuant to paragraph four of subdivision

.

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b of section 17-504 . provided that prior written approval isreceived from the fire commissioner ; and

(B) Areas designated for smoking in student dining areas orlounges which shall constitute not more than fifty percent of theseating capacity or floor space, whichever is greater, of such studentdining areas or lounges, provided that prior written approval isreceived from the fire commissioner. /

15. Elevators CC.b. Smoking is prohibited on any service line, waiting area, or

portion thereof, in an enclosed area within a public place duringthe times in which the public is invited or permitted, notwith-standing the fact that the service line, waiting area, or portionthereof, is in an area otherwise designated for smoking pursuantto subdivision a of this section, except for that which is providedfor in paragraph one. This subdivision shall not be construed toprohibit smoking in any area where smoking is not prohibitedpursuant to section 17-505.

HISTORICAL NOTESection added i.t .. 2119H8 § 2.

§ 17-504 Hegnlsliou of smoking In plsces of employmtettLa. It shall be the responsibility of employers who employ more

than fifteen employees to provide, to the extent reasonably prac-ticable, smoke-free work areas for nonsmoking employees who sitor otherwise occupy common work areas in places of employment .Nothing in this section shall be construed to apply to businessestablishments and non-profit entities employing fifteen or feweremployees.b. Within ninety days after the effective date of this chapter,

every employer employing more than fifteen employees and havingemployees occupying common work areas shall adopt, implement,make known and maintain a written smoking policy which shallcontain at minimum, the following requirements:

1 . That an employee may designate his or her work area as anonsmoking area, which area must be, to the extent reasonablypracticable in the employer's discretion, no less than eight feetfrom an area where smoking is permitted, and shall post suchdesignation with an a te sign or signs, to be provided bythe employer. If, due to umity of persons smoking, sizeof the work area, poor or other fartors, such designationdoes not sufficiently e effects of smoke, the employershall make additional reasenable accommodations by rearrangtngemployee work areas, ezpanding,the size of the smoke-free work

implementing other measures reasonably designed to tnin-r eliminate the effects of smoke on nonsmoking emplo .yeesm

ay be permitted in prtvate, enclosedosed areas occupied exclusively by employees who

each request, or do not object, that such areas be designated forsmoking, even though such enclosed areas may be visited in thenormal course of business by other persons or employees .

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s

§ 17-504 NEw YQRK AoMi,VtSTfiATtVE CODE jTitle 17

3 Prohibition of smoking in auditoriums, classrooms, elevators,hallways, restrooms, employee medical £acilities, and rooms orareas containing photocopying or other office equipment used incommon by employees. Smoking is prohibited in conference roomsand meeting rooms unless each and every person present in theroom consents to permit smoking therein.4. The designation of nonsmoking areas in cafeterias, lunch-

rooms and employee lounges, which areas shatt constitute at leastfifty percent of the seating capacity or floor space of said areas,whichever is greater .

5. The establishment of a procedure to resolve disputes arisingunder the smoking policy in which the health concerns of theemployee desiring a smoke-free area shall be given due consid-eration .

6. Protection from retaliatory adverse personnel action to allemployees or applicants for employment who exercise, or attemptto exerctse. any rights granted under the written smoking policypursuant to this subdivision . Such adverse personnel action fn-cludes, but is not limited to, dismissal, demotion, suspension,disciplinary action, negative performance evaluation, any actionresulting in loss of staff, compensation or other benefit, failure tohire, failure to appoint, failure to promote, or any transfer orassignment or failure to transfer or assign against the wishes ofthe affected employee. The employer shall establish a procedureto provide for the adequate redress of any such adverse personnelaction taken against an employee in retaliation for that employee'sattempt to exercise his or her rights under this section .

c . An employer may designate a separate enclosed room orrooms within a place of employment solely for use by smokers .d. Employers shall prominently post the smoking policy in the

workplace, and shall, within three weeks of its adoption, dtssem-Fnate the policy to all employees, and to ttecv employees whenhired .

e . Employers shall supply a written copy of the smoking policyupon request to any employee or prospective employee.

f. A copy of the smoking policy shall be provided to the de-partment, the department of buildings, the department of consumeraffairs, the department of environmental protection, the fire de-partment and the department of sanitation upon request .

g. This section shall not be construed to permit smoking inany enclosed area in which smoking is prohibited pursuant tosection t 7-543 . Where a place of employment is also a publicplace where smoking is prohibited pursuant to section 17-503,the employer shall nevertheless be required to adhere to theprovisions of this section with respect to the private areas towhich the general public does not have access .

h . Nothing in this section shall be construed to impair, diminish,r otherwise affect any collectively bargained procedure or remedy

-vai`sabEe to an employee, existing as of the date this local law is~, with respect to disputes arising under the empioyer's

;:n> +ng policy or with respect to the establishment of a proceduresf redress of any adverse personnel action taken against an

!

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employee in retaliation for that employee's attempt to exercisehis or her rights under this section. Upon expiration of any suchcollectively bargained procedure or remedy, the provisions of thissection shall take effect .

EtIST[IRICAL NOTESection added LL 2/14S$ § 2,

§ t 7-505 Areas where smoking ts not regulated.The following areas shatt not be subject to the smoking restric-

tions of this chapter :. Bars, including any bar within a restaurant, so long as the

g of food both adjacent to, and surrounding the bar area,y incidental to the consumption of alcoholic beverages .

. Private residences, except when a child care or health carefacility is operated therein ; provided, however, that a commonarea of a multiple dwelling which contains ten or more units shallbe subject to smoking restrictions when it is a place of employmentor a public place.

c. Hotel and motel rooms occupied by, or avai2abie for, oc-cupancy by guests.d. Retail stores which are designed and arranged to accom-

modate one hundred fifty or fewer persons and which employft#teen or fewerperso ns, except as provided in paragraph four ofsubdivision a of section 2 7-5t}3 .

e. Tobacco businesses.f. Private automobiles.g. Private, enclosed offices.h. Enclosed areas in restaurants, catering halls, convention halls,

hotel and motel conference rooms, and other such similar facilitiesduring the time these enclosed areas or rooms are being usedexclusively for private functions, such that the seating arrange-ments are under the control of the sponsor or organizer of thefunction and not the person who owns, operates or manages suchfacility.

i. Restaurants with an indoor seating capacity of fifty patronsor fewer, except as provided in paragraph five of subdivision aof section ! 7-503.

H38'iY3IICAL NOTESection xtdest i.L 21t46i } 2

§ t 7-506 Posting of fiNkidi , r,a. Except as may otherutle bt provided by rules and regulations

promulgated by the commissioner, "Smoking" or "No Smoking"signs, or the international symbqls indicating the same, and any7ther signs necessary to comply with the provisions of this chaptershall be prominently and conspicuously posted at all major en-trances to, and appropriate locations within, each enclosed areawhere smoking is either prohibited, permitted or otherwise regulated by this chapter, by the owner, operator, manager or otherperson having control of such area. The size, style and locationof such signs shall be determined in accordance with rules and

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regulations promulgated by the commissioner, but in promulgatingsuch rules and regulations, the commissioner shall take into con-sideration the concerns of the various types of establishmentsregulated herein with respect to the style and design of such signs,

b . In addition to the posting of signs as provided in subdivisiona, every motion picture theater owner, manager or operator shallshow upon the screen for at least five seconds prior to the showingof each feature motion picture, information indicating the areaswhere smoking is prohibited and permitted within the premises .

HtSI'OHICAL NOTESection added L .L. 2l3988 § 2 .

§ 17-507 Enforcement.a . The department shall enforce the provisions of this chapter .

In addition, designated enforcement employees of the departmentof buildings, the department of consumer affairs, the departmentof environmental protection, the fire department and the depart-ment of sanitation shall have the power to enforce the provisionsof this chapter,b. Any person who desires to register a complaint under this

chapter may do so with the department .c. The owner, manager, operator or other person having control

of a public place or place of employment, shall inform, or shalldesignate an agent who shall be responsible for informing, indi-viduals smoking in restricted areas that they are in violation ofthe taw .d. The department shall seek to obtain voluntary compliance

with this chapter by means of publicity and education programs,and the issuance of warnings, where appropriate.

HISTORICAL NQTESact;on added LL 2{ 1988 1 2 .

§ 1'-508 Vlolations and penalties.a. It shall be unlawful for any person who owns, manages,

operates or otherwise controls the use of premises in which smok-ing is prohibited pursuant to section 17-503, or the designatedagent thereof, to fail to comply with any limitation on the sizeof an area designated for smoking pursuant to subdivision a ofsection 1 7-5(}3; to fail to post the signs required by section 17-506and paragraphs four and f ve of subdivision a of section 17-503 ;or to E'ail to make a good faith effort to comply with subdivisionc of section t 7-5fl7 . In actions brought for violations of thissubdivision, it shall be an affirmative defense that during therelevant time period actual control of the premises was not ex-ercised by the respondent or a person under the control of therespondent, but rather by a lessee, sublessee or any other person ;provided, however, that after rtceiving the notice of violation,the respondent submits to the department within five businessdays, by certified mail, a sworn affidavit and other such proof asmay be necessary, indicating that he or she has not exercisedactual control during the relevant time period .

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b. it shall be unlawful for an employer whose place of etn-p€oyment is subject to regulation under section 17-504 to fail tocomply with the provisions of that section, inciuding, but notlimited to, those provisions requiring the adoption, amplemen-tation, dissemination and maintenance of a written smoking policywhich conforms to the requirements of subdivision b of section17-504, or to fail to make a good faith effort to comply withsubdivision c of section 17-5(37 . In actions brought for violationsof this subdivision, it shall be an affirmative defense that theemployer has made good faith efforts to insure that employeescomply with the provisions of such written smoking policy .

c. It shall be unlawful for any person who owns, manages oroperates a restaurant tn which smoking is restricted to designatedareas pursuant to paragraph five of subdivision a of section 17-503,to fail to make good faith efforts to insure that employees re-sponsible for seating arrangements substantially comply with therequirements set forth therein .d. It shall be unlawful for any person to smoke in any area

where smoking is prohibited under section 17-503 and section17-504.e. Every person who violates subdivisions a, b or c of this

section shall, for a first violation thereof, be liable for a civilpenalty of not more than one hundred dollars ; for a secondviolation, both of which were committed within a period of twelvemonths, be liable for a civil penalty of not more than two hundreddollars; and for a third or subsequent violation, all of which werecommitted within a period of twelve months, be liable for a civilpenalty of not more than five hundred dollars. Every person whoviolates subdivision d of this section shall be liable for a civilpenalty of up to fifty dollars for each violation .

f. A proceeding to recover any civil penalty authorized pursuantto the provisions of subdivision e of this section shall be com-menced by the service of a notice of violation which shall bereturnable to the administrative tribunal established by the boardof health. The board of health's administrative tribunal shall havethepa wer to impose the civil penalties prescribed by subdivisione of this section .g. Whenever a notice of violation of subdivision a, b or c of

this section is served by a person with power to enforce theprovisions of this chapter pursuant to subdivision a of section2 7-5Q7, such notice shall, where applicable, include an order whichrequires the respondent to correct the condition constituting theviolation and to file a cerdfication with the de partment that thecondition has been corrected. Such order shall require that thecondition be corrected within ten days from the date that theorder is issued and that certification of the correction of thecondition be filed with the department in a manner and formand within such further period of time to be determined inaccordance with rules and regulations promulgated by the com-missioner,

h. If the administrative tribunal established by the board ofhealth finds, upon good cause shown, that the respondent cannot

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cb .- 9 n F.AN I3.*DOOR Aig ACt § 1 1-3 14

operating procedures which substantially cr?nfnn?t +n the rezluire .ments of this chapter .

HISTORICAL NOTESectton added LL. 211988 § 2 .

§ 17-512 General provisions.a. Nothing in this chapter shall be construed to permit smoking

where it is otherwise prohibited by law or regulation .b. Nothing in this chapter shall be construed to preclude owners,

operators, managers, employers or other persons having controlof any establishment covered by this act from prohibiting smokingin such establishment to a greater extent than is provided by thischapter, in accordance with applicable law .

c. Nothing in this chapter shall be construed to allow ownets,operatots, managers, employers or other persons having controlof any establishment covered by this act to be subject to any Iegalproceeding or action to enforce this chapter in any court by anyparty, other than the city of New York or its designated agencies,based on such owners', operators', managers', employers' or otherpersons alleged manner or method of compliance with the pro-visions of this chapter or his or her alleged failure to comply withthe same.

AISTORICAL NOTESection added [ . .L. 211988 § 2 .

§ 17-513 Regnlstistns. The commissioner shall promulgate rulesand regulations in accordance with the provisions contained inthis chapter, and such other rules and regulations as may benecessary for the purpose of implementing and carrying out theprovisions of this chapter.

HISTORICAL NOTESection added LL 211988 Q 2.

§ 17-514 Repart. Not later than twelve months after the effec-tive date of this local law, and each year thereafter, the departmentshall submit a report to the mayor and the council concerningthe administration and enforcement of this local law.

HISTORICAL NOTESection added LL 2/t9flfl Q 2 .

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exhibit c - 1988 ciaa

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