As used in this chapter the following terms shall have the meanings
indicated:
CHILD DAY-CARE CENTER
A.
Any public, private or parochial child-care center, school-age child-care
program, day nursery school, kindergarten, play school or other similar school
or service.
B.
Any day-care center or day-care home as defined by § 375-7
of the Code of the City of Albany.
C.
Any facility that provides child-care services as defined in § 410-p
of the New York State Social Services Law.
D.
"Child day-care center" shall not include child day-care centers located
in private residences and multiple dwelling units.
CHILDREN'S INSTITUTION
A.
Any public, private or parochial congregate institution, group residence,
group home or other place where, for compensation or otherwise, seven or more
children under three years of age are received for day and night care apart
from their parents or guardians.
B.
Youth center or facilities for detention as defined in § 527-a
or 502 of the New York State Executive Law.
C.
Group homes for children as defined in § 371 of the New York
State Social Services Law.
D.
Public institutions for children as defined in § 371 of the
New York State Social Services Law.
E.
Residential treatment facilities for children and youth as defined in
Section 1.0 of the New York State Mental Hygiene Law. The term "children's
institution" shall not include children's institutions located in private
residences and multiple dwelling units.
PERSON
Any natural person, partnership, corporation, government agency,
association or other legal entity.
PLAYGROUND
An outdoor area open to the public where children play, which contains
play equipment such as a sliding board, swing, jungle gym, sandbox, play platform
or which is designated as a public play area or which includes but is not
limited to a baseball diamond or basketball courts.
PRIVATE RESIDENCE
Any building or structure designed and occupied for residential purposes
by not more than two families, including the grounds of such building or structure.
PUBLICLY VISIBLE LOCATION
A.
Any outdoor location visible to the public, including but not limited
to outdoor billboards, roofs and sides of buildings, water towers and freestanding
signboards.
B.
Any doors or windows reasonably visible to the public from the outside
at a distance of two feet from such doors or windows.
C.
"Publicly visible location" shall not include any location intended
to be visible only by those inside a premises, or a private residence or any
door or window of a multiple dwelling unit.
SCHOOL PREMISES
The buildings, grounds or facilities, or any portion thereof, owned,
occupied by or under the custody or control of public, private or parochial
institutions for the primary purpose of providing educational instruction
to students at or below the twelfth-grade level.
SMOKELESS TOBACCO
Any product that consists of cut, ground, powdered or leaf tobacco
that is intended to be placed in the oral cavity.
TOBACCO ADVERTISEMENT
Any words, pictures, posters, placards, signs, photographs, symbols,
devices, graphic displays or visual images of any kind, or any combination
thereof, the purpose or effect of which is to promote the use or sale of a
tobacco product including through the identification of a brand of a tobacco
product, a trademark of a tobacco product or trade name associated exclusively
with a tobacco product.
TOBACCO PRODUCT
Cigarettes, cigars, smokeless tobacco and cigarette tobacco.
TOBACCO PRODUCT PROMOTION
A.
The marketing, licensing, sale or distribution of items or services,
or causing items or services to be marketed, licensed, sold or distributed,
whether indoors or outdoors, which are not tobacco products but which bear
the brand name, alone or in conjunction with any work, logo, symbol, motto,
selling, message, recognizable color or pattern or colors, or any other indicia
or product identification identical or similar to, or identifiable with, or
those used for any brand of tobacco product; or
B.
Offering or causing to be offered any gift or item other than a tobacco
product to any person purchasing a tobacco product in consideration of the
purchase thereof, or to any person in consideration of furnishing evidence,
such as credits, proofs-of-purchase or coupons, of such purchase; provided,
however, that a tobacco product promotion shall not include the exchange or
redemption through the mail of any such credits, proofs-of-purchase coupons
or other evidence of the purchase of a tobacco product.
YOUTH CENTER
Any designated indoor public, private or parochial facility, other
than a private residence or a multiple dwelling unit, which contains programs
that regularly provide activities or services for persons who have not yet
reached the age of 18 years, including but not limited to community-based
programs, after-school programs, weekend programs, violence prevention programs,
leadership development programs, vocational programs, substance abuse prevention
programs, individual or group counseling, case management, remedial, tutorial
or other educational assistance or enrichment, music, art, dance and other
recreational or cultural activities, physical fitness activities and sports
programs.
The owner, operator or lessee of any location or premises where a tobacco advertisement is prohibited or restricted pursuant to §
373-3 of this chapter shall remove any noncompliant tobacco advertisement within 30 days from the effective date of this chapter.
It shall be unlawful for any person to conduct a tobacco product promotion
on or within 1,000 feet of the perimeter of any school premises, playground,
child day-care center, children's institution, youth center or game room.
The owner, operator or lessee of any location or premises where a tobacco product promotion is being conducted is prohibited or restricted pursuant to §
373-5 of this chapter shall cease any noncompliant tobacco product promotion within 30 days from the effective date of this chapter.
The Albany Police Department shall enforce the provisions of this chapter.
If any provision of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall confine in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered.