[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]
BUS SHELTER A structure constructed at a bus stop serviced by Suffolk County Transit, which provides seating and/or protection against the elements for the convenience of waiting passengers.
[Added 12-18-2018 by L.L. No. 8-2019]
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]
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.
MARIJUANA Any part of the plant genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom); or the sterilized seed of the plant which is incapable of germination.
[Added 6-22-2021 by L.L. No. 22-2021]
MINOR An individual under the age of 18 years.
[Added 5-9-2000 by L.L. No. 9-2000]
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]
PRIVATE SOCIAL FUNCTION [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, marijuana, 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; amended 6-22-2021 by L.L. No. 22-2021]
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]
[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.
[Amended 5-9-2000 by L.L. No. 9-2000; 1-3-2005 by L.L. No. 5-2005]
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.
[Amended 11-13-1990 by L.L. No. 3-1990; 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]
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.
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.
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.
[Amended 7-8-1986 by L.L. No. 18-1986; 11-13-1990 by L.L. No. 36-1990]
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.