§ 10-02 Smoking, and Using Electronic Cigarettes, Prohibited.
RCNY § 10-02
(a)Except as otherwise specifically provided in the Act, in these rules, or in other applicable law, smoking shall be prohibited in all indoor areas of all public places and places of employment, and certain outdoor areas in accordance with §§ 17-503 and 17-504 of the Act, and other applicable law, and all enclosed areas regulated by the State law, the Act and these rules, including areas which have any full or partial overhead ceiling, roof or other covering. Except as otherwise specifically provided in the Act, in these rules, or in other applicable law, using electronic cigarettes shall be prohibited in all indoor areas of all public places and places of employment, and certain outdoor areas in accordance with §§ 17-503 and 17-504 of the Act, and other applicable law, and all enclosed areas regulated by the Act and these rules, including areas that have any full or partial overhead ceiling, roof or other covering.
(b)Smoking shall be prohibited in a tobacco business, as defined by § 17-502(aa) of the Act; except that smoking shall be permitted on no more than two floors of a building occupied by such tobacco business, and only within areas of such floors which are designated by such business for the purpose of testing or development of tobacco or tobacco products.
(c)Smoking cannabis or using electronic cigarettes to vape cannabis shall be prohibited in the following areas: (i) Private residences housing child day care centers, as defined in § 17-502(d) of the Act, or health care facilities, in accordance with § 17-505 of the Act; (ii) Private automobiles; (iii) Retail tobacco stores; (iv) Tobacco bars; (v) Outdoor dining areas of food service establishments; (vi) Enclosed rooms in food service establishments, bars, catering halls, convention halls, hotel and motel conference rooms, and other such similar facilities, including the time such enclosed areas or rooms are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products or electronic cigarettes; (vii) Retail electronic cigarette stores. (Amended City Record 7/7/2022, eff. 8/6/2022; amended City Record 4/12/2024, eff. 5/12/2024)
