Relates to making restaurant and bar patios one hundred percent smoke free.
Summary
This bill would repeal paragraph (g) of subdivision 1 of section 1399-q of the Public Health Law, which currently requires restaurant and bar patios to be 100 percent smoke free. By removing that paragraph, the bill would eliminate the specific statutory ban on smoking in those outdoor patio areas. The measure takes effect 30 days after becoming law.
In practical terms, the bill would change the state’s indoor/outdoor smoking restrictions as they apply to hospitality venues, allowing smoking on restaurant and bar patios unless another law or local rule still prohibits it. The bill does not create a new regulatory scheme; it simply deletes an existing restriction from the Public Health Law.
Impact
The bill would amend the Public Health Law by repealing a targeted anti-smoking provision for restaurant and bar patios. This would affect restaurant and bar owners, patrons, employees, and local health enforcement by reducing the scope of the state’s smoke-free requirements in outdoor dining and drinking areas. It would also alter the current statewide public health standard for hospitality patios, potentially leaving those spaces subject to fewer smoking restrictions.
Sentiment
Based on the bill text and available context, the measure appears to be straightforward and limited in scope, with no recorded committee debate or votes provided. The caption suggests the bill is aimed at rolling back a smoke-free requirement, which may appeal to businesses or patrons who favor more permissive smoking rules, while likely drawing opposition from public health advocates and supporters of smoke-free environments. Because no transcripts or vote history are available, the overall legislative sentiment cannot be measured directly from the record provided.
Contention
The main point of contention is the policy choice between public health protections and smoking flexibility in outdoor hospitality spaces. Supporters would likely argue that restaurant and bar patios are open-air areas where smoking restrictions are unnecessary or burdensome, while opponents would likely emphasize secondhand smoke exposure for workers and customers and the importance of maintaining smoke-free public spaces. No specific lawmakers, committees, or stakeholder testimony are available in the provided materials.
Increases the amount of the credit against taxes for long-term care insurance from twenty to forty percent and from one thousand five hundred dollars to two thousand five hundred dollars.
Allows certain restaurants to advertise that patrons may consume alcohol purchased off the restaurant premises; allows restaurants to charge corkage or service fee.