As used in this article, the following terms
shall have the meanings indicated:
BAR AND TAVERN
Any establishment open to the public, devoted to the sale
and service of alcoholic beverages for on-premises consumption, where
the service of food is merely incidental to the operation of the business,
and for which the sale of food for on-premises consumption does not
exceed 40% of annual gross sales. Any bar or tavern that generates
40% or more of total annual gross sales from the sale of food for
on-premises consumption shall be a food service establishment.
BAR AREA
An area of a restaurant or other facility within a maximum
of 15 feet of the physical bar where patrons purchase and consume
alcoholic beverages.
BILLIARDS/POOL HALL
An establishment of any kind where the playing of billiards/pool as a public place of business is for profit. The establishment must have two or more billiard/pool tables, and the tables must generate 51% of the gross receipts of the establishment. However, if the billiard/pool tables do not generate 51% of the gross revenues, but the establishment has a valid New York State Liquor Authority Tavern Wine License and meets the criteria as set forth in the definition of "bar and tavern" in §
203-2 of this Code, the establishment shall be considered, a "bar-tavern" as defined in this code.
[Added 12-30-2002 by L.L. No. 2-2003]
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation
or other business entity whether for profit or not-for-profit, including
retail establishments where goods or services are sold as well as
professional corporations, social agencies and other entities where
legal, medical, dental, engineering, architectural, or other professional
services are delivered.
DINING AREA
Any indoor area in a restaurant where people dine, except
the bar area of a restaurant with a bar.
EMPLOYEE
Any person who is employed by any employer for direct or
indirect monetary wages or profit, and any person who volunteers his
or her services for a nonprofit entity.
EMPLOYER
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity that employs the services of one
or more individual persons.
PLACE OF EMPLOYMENT
Any indoor area under the control of a public or private
employer which employees normally frequent during the course of employment,
including but not limited to work areas, employee lounges and restrooms,
conference and classrooms, vehicles, employee cafeterias, and hallways.
PRIVATE SOCIAL FUNCTION
Any weddings, parties, testimonial dinners, or other similar
gatherings in which the seating and/or eating arrangements are under
the control of the organizer or sponsor of the event and not the person
who owns, manages, operates, or otherwise controls the use of the
place in which the function is held.
PUBLIC PLACE
Any indoor area to which the public is invited or in which
the public is permitted, including but not limited to banks, educational
facilities, health facilities, laundromats, public transportation
vehicles and facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments,
retail stores, theaters, lobbies, elevators, stairwells, waiting rooms
and places of worship. Areas in a private residence, which constitute
common areas of a multiple dwelling, are public places within the
meaning of this regulation.
RESTAURANT
Any indoor area of a coffee shop, cafeteria, sandwich shop
or private or public school cafeteria, and any other eating establishment
which gives or offers for sale food to the public, guests, or employees,
as well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities.
SEPARATE SMOKING ROOM
An enclosed room in which smoking and dining is permitted
and to which minors under 18 years of age are denied access. Such
room shall:
A.
Be clearly designated as a separate smoking
room;
B.
Be completely enclosed on all sides by floor-to-ceiling
walls, interior doors and/or windows which must remain closed. The
room must be provided with self-closing floor-to-ceiling doors, which
shall remain closed except for the purpose of entry and exit or the
room must be negatively pressurized to prevent the escape of smoke
to the smoke-free areas of the establishment. All enclosures, doors
and windows must comply with applicable state building and fire codes.
A permit from the Town/Village Building Inspector meeting requirements
of the state building construction code is required;
C.
Contain adequate means of extinguishing fires
consistent with applicable state codes; and
D.
Have a ventilation system whereby the air from
the enclosed room is immediately exhausted to the outside in such
a way as to prevent the reintroduction of smoke into the building
and must prevent back streaming of smoke into smoke-free areas. Such
room may not be the sole entry area to or exit area from the facility,
nor the sole waiting area for the facility. Such room also may not
exceed 30% of the seating capacity of the facility.
SERVICE LINE
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
SMOKING
To inhale or exhale the smoke of burning tobacco or any form
of tobacco substitute, or the vapor of an electronic smoking device,
and also to carry burning tobacco or tobacco substitute, in the form
of a cigarette, electronic cigarette, cigar, pipe, or any other smoke-
or vapor-producing device.
[Amended 5-5-2015 by L.L.
No. 6-2015]
SPORTS ARENA
Any indoor sports pavilion, including concourses, a gymnasium,
health spa, boxing arena, swimming pool, roller or ice skating rink,
and other similar places. This term also applies to places where the
general public assembles either to engage in physical exercise, participate
in athletic or recreational activity, to witness sports, cultural,
recreational or similar activities.
TOBACCO BUSINESS
Shall be defined as set forth in Article 13-E of the Public
Health Law of the State of New York.
All enclosed facilities owned or leased by the
County and any political subdivision of the County shall be subject
to the provisions of this article.
Whenever smoking is permitted under the terms
of this article, including but not limited to a separate smoking room,
minors (patrons and/or employees) under 18 years of age shall not
be permitted in these areas. Entrances to these areas shall be prominently
posted with a sign which reads: "Due to recognized health risks to
children from secondhand smoke and current Health Department regulations,
we cannot allow minors under the age of 18 into this room." The Putnam
County Health Department shall provide such signs.
Hotels and motels shall be required to designate
a group of contiguous bedrooms, at least 50% of all bedrooms, as smoke
free rooms and shall be required to keep them consistently so. Lobbies,
hallways, meeting rooms and other common areas shall be smoke free.
Notwithstanding any other provision of this
regulation to the contrary, the following shall not be subject to
the smoking restrictions contained in this regulation.
D. Private social functions.
E. Outdoor areas, except as provided otherwise by Article 13-E of the New York State Public Health Law and §
203-4 of this chapter.
[Amended 9-1-2007 by L.L. No. 2-2007]
Smoking rooms and bar areas where smoking is
permitted shall be served by a properly operated and maintained ventilation
system that exhausts to the outside of the building. The smoking room
must have self-closing floor-to-ceiling doors that are in compliance
with state codes or be negatively pressurized in such a way as to
prevent the escape of smoke to the smoke-free areas. Bar areas where
smoking is permitted must be negatively pressurized in such a way
as to prevent the escape of smoke to the smoke-free areas.
A written request for a waiver from provisions
of this article may be submitted to the Public Health Director. Such
request shall indicate justification that circumstances exist that
are beyond control and granting such a waiver will not endanger public
health. The granting or denying of such waiver is the sole decision
of the Public Health Director. All requirements of Public Health Law
§ 1399-u apply.
If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this article which can be given effect without the invalid
provision or application, and to this end the remaining provisions
of this article are declared to be valid.
Nothing in this article shall be construed to
create a cause of action by one person against another person for
violation of any provision of this article.