[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.]
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.
[Amended 6-7-1994 by L.L. No. 8-1994]
As used in this chapter, the following terms shall have the
meanings indicated:
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]
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]
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]
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]]
Any person who is employed by an employer in consideration
for direct or indirect monetary wages or profit.
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]
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.
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]
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]
Any service line located within retail or other public establishments
in which more than one person is giving or receiving services of any
kind.
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]
An individual under the age of 18 years.
[Added 5-9-2000 by L.L. No. 9-2000]
Any theater engaged in the business of exhibiting motion
pictures.
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]
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.
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]
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
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.
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]
The involuntary ingestion of tobacco smoke by the unborn
fetus of a nonsmoking woman.
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]
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.
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]
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.
[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.
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]
V.
Smoking is prohibited in bus shelters.
[Added 12-18-2018 by L.L.
No. 8-2019]
[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.
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[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]]
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.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the Executive 11-2-1990.
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.
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.
