Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 6-26-1984 by L.L. No. 12-1984 (Ch. 437 of the 1985 Code). Amendments noted where applicable. Uncodified sections of certain local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Health and safety of employees — See Ch. 110.
Alcoholic beverages — See Ch. 294.
Drugs and drug products — See Ch. 423.
Restaurants — See Ch. 700.
Tobacco products — See Ch. 792.
Vending machines — See Ch. 1166.
Attachment 1 - Uncodified Local Law Provisions

§ 754-1 Legislative intent and purpose.

A. 
This Legislature hereby finds that the effects of secondary and tertiary smoke generated by the smoking of cigars, cigarettes, pipes and similar articles pose a threat to the health, safety and well-being of the citizens of Suffolk County who do not smoke.
B. 
This Legislature further finds that the Surgeon General's 1984 report on smoking hazards, for the first time linking high levels of involuntary smoke exposure to reduced breathing ability in passive smokers, buttresses the need to provide more protection to nonsmokers in public settings.
C. 
Therefore, the purpose of this chapter is to place reasonable limitations on smoking within the County of Suffolk while striking a balance between the health needs of all nonsmoking individuals, the rights of smokers and the imposition of regulatory burdens on business.

§ 754-2 Definitions.

[Amended 6-7-1994 by L.L. No. 8-1994]
As used in this chapter, the following terms shall have the meanings indicated:
BAR or TAVERN
Any indoor area open to the public devoted to the sale and service of alcoholic beverages for on-premises consumption regardless of the quantity of food served to patrons for on-premises consumption.
[Amended 5-9-2000 by L.L. No. 9-2000; 1-28-2003 by L.L. No. 9-2003]
COMMON AREAS
Every enclosed or unenclosed area of a multiple-dwelling building that residents of more than one unit are entitled to enter or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, restrooms, laundry rooms, cooking areas, eating areas and meeting rooms.
[Added 11-17-2015 by L.L. No. 37-2015; amended 11-22-2016 by L.L. No. 34-2016]
E-CIGARETTE
Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
[Added 8-18-2009 by L.L. No. 29-2009[1]]
EMPLOYEE
Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
EMPLOYER
Any person who employs the services of individual persons, in consideration for direct or indirect monetary wages, salary, compensation, or profit, who are physically assigned to perform work for the employer within the County of Suffolk.
[Amended 1-28-2003 by L.L. No. 9-2003]
ENCLOSED
Closed in by a roof and four walls, with appropriate openings for ingress and egress and not intended to mean areas commonly described as public lobbies.
FACTORY
Any mill or other manufacturing establishment where one or more persons are employed in manufacturing, including making, altering, repairing, finishing, bottling, canning, cleaning or laundering any article or thing.
[Added 5-9-2000 by L.L. No. 9-2000]
HERBAL CIGARETTE
Any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including, but not limited to, as a cigarette, cigar or pipe filler.
[Added 5-9-2000 by L.L. No. 9-2000]
INDOOR SERVICE LINE
Any service line located within retail or other public establishments in which more than one person is giving or receiving services of any kind.
MINOR
An individual under the age of 18 years.
[Added 5-9-2000 by L.L. No. 9-2000]
MOTION-PICTURE THEATER
Any theater engaged in the business of exhibiting motion pictures.
MULTIPLE-DWELLING BUILDING
Any property containing 10 or more dwelling units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted-living facilities and long-term health-care facilities.
[Added 11-17-2015 by L.L. No. 37-2015]
OFFICE WORKPLACE
Any enclosed area of a structure or portion thereof intended for occupancy by business entities, which will provide primarily clerical, professional or business services of the business entity or which will provide primarily clerical, professional or business services to other business entities or to the public at that location. "Office workplace" includes but is not limited to office spaces in office buildings, medical office waiting rooms, libraries, museums and health-care facilities.
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association or other entity or business organization of any kind.
[Added 5-9-2000 by L.L. No. 9-2000]
[Added 5-9-2000 by L.L. No. 9-2000]
A. 
Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager or person in charge of such indoor area; or
B. 
Any indoor area open to the public exclusively reserved for conventions and trade shows if the sponsor or organizer gives notice in any promotional material or advertisements that smoking will not be restricted and prominently posts notice at the entrance to the convention or trade show advising the public that smoking will not be restricted.
SMOKING
The combustion of any cigar, cigarette, tobacco or any similar article or any other combustible substance in any manner or in any form or the heating or ignition of an e-cigarette which creates a vapor.
[Added 8-18-2009 by L.L. No. 29-2009]
TERTIARY SMOKE
The involuntary ingestion of tobacco smoke by the unborn fetus of a nonsmoking woman.
TOBACCO BUSINESS
A sole proprietorship, corporation, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products, herbal cigarettes and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.
[Added 5-9-2000 by L.L. No. 9-2000]
[1]
Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of e-cigarettes, see Ch. 792, Tobacco Products, Art. II.

§ 754-3 Limitations and restrictions.

A. 
In public areas of health-care facilities, other than those portions of hospitals, sanitariums, nursing homes, convalescent homes and homes for the aged or chronically ill, to the extent covered by Article 9 of the Suffolk County Sanitary Code, including waiting rooms, public hallways and lobbies, except in specially designated smoking areas, which may be all or part of a public area, all smoking is prohibited.
(1) 
Every publicly or privately owned health-care facility shall make a reasonable effort to determine preference and to assign patients placed in bed space utilized for two or more patients according to the patient's individual nonsmoking or smoking preference. If the preferences of the patients cannot be matched, then smoking by patients in bed space areas shall be prohibited.
(2) 
In bed space areas utilized for two or more patients, smoking shall be prohibited for health-care facility staff, visitors and the general public. "Staff and Visitor Smoking Prohibited" signs shall be conspicuously posted in such bed space areas as required by Subsection A(1) of this section.
B. 
Smoking is prohibited in hearing rooms, conference rooms, meeting rooms and places of public assembly in which public business is conducted and which require or provide direct participation or observation by the general public, provided that an area commonly known as a "lobby" or "hallway" directly adjacent to said room is available for individual persons who wish to smoke.
C. 
Smoking is prohibited in every publicly or privately owned building or enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event or any other performance or event in all areas except either in that area commonly known as the "lobby" or in areas not open to the public. Every theater owner and/or manager shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater and auditorium. In the case of motion-picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
D. 
Smoking is prohibited in public rest rooms.
E. 
Smoking is prohibited in indoor service lines in which more than one person is giving or receiving services of any kind by persons receiving or giving services on such line.
F. 
Smoking is prohibited in every publicly or privately owned coffee shop, cafeteria, short-order cafe, diner, luncheonette, sandwich shop, soda fountain, restaurant or other eating establishment serving food in which the business is the sale of food for on-premises consumption and in which the sale of food is not incidental to the primary operation of the establishment, and smoking is prohibited in all bars or bar areas located within the County of Suffolk.
[Amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 1-28-2003 by L.L. No. 9-2003]
(1) 
This prohibition shall not apply to any rooms which are being used for eating establishment or bar purposes for private functions, but only while any such room is being used for such private functions.
(2) 
This prohibition shall not apply to any contiguous seating in outdoor areas of such eating establishment serving food outdoors or in outdoor areas of bars serving alcoholic beverages outdoors.
G. 
Smoking is prohibited in spas, health clubs, gymnasiums, judicial chambers, jury deliberation rooms, public libraries or facilities enclosing indoor swimming pools.
[Amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998]
H. 
Notwithstanding the provisions of Subsections E and F of this section, any owner or person in charge of a business activity governed by either of said subsections may designate the facility as a nonsmoking area in its entirety.
[Amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995]
I. 
Smoking is prohibited in every publicly or privately owned bus the regular transportation routes of which have points of origin and points of termination solely and exclusively within the geographical boundaries of the County of Suffolk.
[Added 7-8-1986 by L.L. No. 18-1986; amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998]
J. 
Smoking is prohibited in bowling centers and other indoor sports- and recreation-related facilities, including, but not limited to, billiard halls.
[Added 6-6-1989 by L.L. No. 18-1989; amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998; 5-21-2002 by L.L. No. 12-2002; 1-28-2003 by L.L. No. 9-2003]
(1) 
Smoking is also prohibited in the playing area, also known as the "settee area," of bowling centers. A notice sign 11 inches by 16 inches, designating "No Smoking at Settee Area," shall be posted at or behind the front desk at such bowling centers. "No Smoking" signs 1 1/2 inches to 10 inches shall be placed on scoring tables in each settee area at such bowling centers, with the lettering in such signs at the scoring tables to be one inch in height.
(2) 
Smoking is prohibited in any facility at which bingo is being played, regardless of who the organizer or the sponsor is, and regardless of the status of the facility in which the bingo game is being conducted.
K. 
No vending machine, including multipurpose vending machines, in bowling alleys, billiard halls and any other non-age-restricted areas accessible to the public located within the County of Suffolk shall be utilized by its owner, operator, lessor or lessee for the purpose of selling, or offering for sale, cigarettes, cigars, chewing tobacco, powdered tobacco, herbal cigarettes or other tobacco products to the public within the geographical boundaries of the County of Suffolk.
[Added 11-13-1990 by L.L. No. 36-1990[1]; amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998; 5-9-2000 by L.L. No. 9-2000]
[1]
Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 11-2-1990.
L. 
Distribution of free or promotional samples of cigarettes, cigars, chewing tobacco, powdered tobacco, herbal cigarettes, or other tobacco products to any person is prohibited within the County of Suffolk except as follows:
[Added 11-13-1990 by L.L. No. 36-1990; amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998; 11-2-1998 by L.L. No. 28-1998; 5-9-2000 by L.L. No. 9-2000; 12-18-2001 by L.L. No. 4-2002]
(1) 
Coupons which are redeemable for tobacco products by an individual, if the coupon is redeemable in a face-to-face transaction where the age of the redeemer can be verified;
(2) 
At private social functions; or
(3) 
Tobacco products offered for free in connection with the purchase of a tobacco product, whether as a "buy one, get one free" or "two for one offer," as long as the offer is only redeemable in a face-to-face transaction where the age of the redeemer can be verified.
M. 
Smoking is prohibited in the buildings and on the grounds of any nursery school, preschool, licensed day-care center or elementary or secondary school, whether privately or publicly funded, located within the County of Suffolk.
[Added 6-7-1994 by L.L. No. 8-1994; amended 5-15-1995 by L.L. No. 19-1995; 8-11-1998 by L.L. No. 19-1998; 11-2-1998 by L.L. No. 28-1998]
N. 
Cigarettes, cigars, chewing tobacco, powdered tobacco or any other tobacco product offered for over-the-counter sale at establishments within the County of Suffolk, other than adult-only facilities, shall be stored for sale in an area accessible only to establishment personnel (behind the counter or under lock and key or, if on the counter, not accessible to consumers).
[Added 11-2-1998 by L.L. No. 28-1998]
O. 
Any establishment selling cigarettes, cigars, chewing tobacco, powdered tobacco or any other tobacco product within the County of Suffolk, excluding adult-only stores and tobacco outlets, may engage in point-of-sale advertising of tobacco products only as follows:
[Added 11-2-1998 by L.L. No. 28-1998; amended 6-29-1999 by L.L. No. 28-1999; 5-9-2000 by L.L. No. 9-2000]
(1) 
Point-of-sale advertisements shall not be attached to nor located within two feet of any fixture on which candy, trading cards or toys are displayed for sale.
(2) 
Except as provided herein, "point-of-sale advertising" shall mean all printed or graphical materials bearing the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of cigarettes, herbal cigarettes, or smokeless tobacco, which, when used for its intended purpose, can reasonably be anticipated to be seen by customers at a location at which tobacco products are offered for sale.
(3) 
Audio and video formats otherwise permitted under any Federal Drug Administration (FDA) rule may be distributed to adult consumers at point of sale but may not be played at or shown at point of sale (i.e., no static video displays).
P. 
[2]Smoking is prohibited within a fifty-foot radius of all entrances to all County buildings and facilities located within Suffolk County which are either owned or leased by the County of Suffolk and which are designated as accessible by the public.
[Added 3-19-2002 by L.L. No. 9-2002; amended 11-8-2006 by L.L. No. 57-2006[3]]
[2]
Editor's Note: Former Subsection P, prohibiting sale of herbal cigarettes to persons under age 18, added 5-9-2000 by L.L. No. 9-2000, was repealed 1-3-2005 by L.L. No. 5-2005. (See now Ch. 792, Tobacco Products.)
[3]
Editor's Note: This local law was adopted by the County Legislature after being vetoed by the County Executive 10-20-2006.
Q. 
Smoking is prohibited within a fifty-foot radius of street-level entrances to all hospital buildings and facilities located within Suffolk County, whether privately funded or publicly funded, which are designated as accessible by the public.
[Added 3-19-2002 by L.L. No. 9-2002]
R. 
The sale of blunt wrappers within the County of Suffolk shall be limited to tobacco business locations.
[Added 11-19-2002 by L.L. No. 23-2002; amended 1-3-2005 by L.L. No. 5-2005[4]]
[4]
Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of cigarettes to persons under the age of 19, see Ch. 792, Tobacco Products, Art. I.
S. 
Tobacco shops. Smoking is prohibited in retail establishments that generate 89% or less of their total annual gross revenues from the sale of cigarettes, cigars, pipes, chewing tobacco, powdered tobacco, herbal cigarettes, rolling papers, or other tobacco products.
[Added 1-28-2003 by L.L. No. 9-2003]
T. 
The Trustees of Suffolk County Community College are hereby authorized and empowered to adopt additional restrictions on smoking and tobacco use on college property, including the adoption of a tobacco-free policy which will prohibit smoking and tobacco use in all buildings and facilities and on all grounds owned by the County which are controlled and managed by the college and used for college purposes.
[Added 4-29-2014 by L.L. No. 12-2014]
U. 
Smoking is prohibited in common areas of multiple-dwelling buildings and within 50 feet of a multiple-dwelling building.
[Added 11-17-2015 by L.L. No. 37-2015; amended 11-22-2016 by L.L. No. 34-2016]

§ 754-4 Office workplace policies.

[Amended 7-8-1986 by L.L. No. 18-1986; 1-28-2003 by L.L. No. 9-2003]
A. 
Within 90 days of the effective date of this chapter, each employer shall adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following:
(1) 
Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, medical facilities, hallways and elevators, cafeterias, lunchrooms and employee lounges.
(2) 
Prohibition of smoking in all enclosed areas within the office workplace, without exception.
(3) 
Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted by the employer so stating, containing all capital lettering not less than two inches in height on a contrasting background.
B. 
The smoking policy shall be communicated to all employees within one month of its adoption.
C. 
This section is not intended to regulate smoking in the following places and under the following conditions:
(1) 
A private home which may serve as an office workplace.

§ 754-5 Posting of signs.

[Amended 5-9-2000 by L.L. No. 9-2000; 1-3-2005 by L.L. No. 5-2005[1]]
Except where other signs are required, whenever smoking is prohibited by this chapter, conspicuous signs shall be posted so stating, where applicable and at major entrances, containing all capital lettering not less than two inches in height on a contrasting background and further stating "UNDER PENALTY OF LAW." Said signs shall be placed by the owner, operator, manager or other persons having control of such room, building or other place where smoking is prohibited. For the purposes of § 754-3E of this chapter, such signs shall be posted at the entrance of indoor service lines.
[1]
Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of cigarettes to persons under the age of 19, see Ch. 792, Tobacco Products, Art. I.

§ 754-6 Penalties for offenses.

[Amended 11-13-1990 by L.L. No. 3-1990[1]; 9-11-1991 by L.L. No. 2-1991; 5-9-2000 by L.L. No. 9-2000]
A. 
Any person who violates any provision of this chapter shall be subject to the imposition of a civil fine by the Commissioner of the Department of Health Services not exceeding $250 for each violation. Each day or part of a day on which a violation continues shall constitute a separate violation.
B. 
In addition, any willful violation by an owner, operator, lessor or lessees of Subsection K or L of § 754-3 of this chapter shall constitute an unclassified misdemeanor, punishable by a fine of up to $1,000 and/or six months in jail. Each violation shall be deemed a separate offense. Knowing possession of a vending machine that is operated without tokens or a lockout device as required by this chapter shall be deemed a willful violation of Subsection K of § 754-3 of this chapter.
[Amended 1-3-2005 by L.L. No. 5-2005[2]]
[2]
Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of cigarettes to persons under the age of 19, see Ch. 792, Tobacco Products, Art. I.
C. 
Condemnation of vending machines.
(1) 
Whenever any official of the County Department of Health Services (Department) inspects any vending machine and finds that it does not comply with the standards, specifications, tolerances or variations allowable as established by this chapter or rules or regulations of the Department, he or she shall condemn the same and either seize it or order it repaired or removed. In the case of a seizure, such device or equipment may be disposed of only as directed by the Department or its authorized agent.
(2) 
No person shall use or attempt to use any vending machine to which there has been affixed or upon which there has been placed any condemnation tag unless such condemnation tag has been removed therefrom by a Department official.
(3) 
No person, except a Department official, shall remove any such condemnation tag or obliterate, cover, obstruct or deface the same or cause any of the foregoing.[3]
[3]
Editor's Note: Former Subsection F, which immediately followed this subsection, regarding sale of herbal cigarettes, was repealed 1-3-2005 by L.L. No. 5-2005. See now Ch. 792, Tobacco Products.
[1]
Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive 11-2-1990.

§ 754-7 Interpretation.

Nothing in this chapter shall be construed to create a cause of action by one person against another person for violation of any provision of this chapter.

§ 754-8 Environmental impact.

This Legislature hereby finds that none of the provisions of this chapter will have a significant environmental impact for the purpose of Chapter 450, Environmental Quality Review.

§ 754-9 Enforcement agency.

[Amended 7-8-1986 by L.L. No. 18-1986[1]; 11-13-1990 by L.L. No. 36-1990[2]]
This chapter, except for § 754-6B, shall be enforced by the Suffolk County Department of Health Services in accordance with the procedures set forth in §§ 760-208 through 760-215 of the Suffolk County Sanitary Code and through the institution of civil action where deemed necessary by said Department.
[1]
Editor's Note: This local law also provided that nothing contained in this law shall be construed as constituting a legal defense to any violations arising under Section 6 of Local Law No. 12-1984 (§ 754-6) between 11-26-1984, and the effective date of this law. In those instances in which a written office workplace policy is in effect, an employer shall have 30 days to amend said policy in conformity with the amendments contained in this law.
[2]
Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive 11-2-1990.