§ 754-3. Limitations and restrictions., Chapter 754. Smoking, Part II. Regulatory Local Laws, Code of Ordinances, Suffolk County

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.

(2)

In bed space areas utilized for two or more patients, smoking shall be prohibited for health-care facility staff, visitors and the general public. "Staff and Visitor Smoking Prohibited" signs shall be conspicuously posted in such bed space areas as required by Subsection A(1) of this section.

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.

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.

Smoking is prohibited in public rest rooms.

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.

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.

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]

Notwithstanding the provisions of Subsections E and F of this section, any owner or person in charge of a business activity governed by either of said subsections may designate the facility as a nonsmoking area in its entirety.

[Amended 6-7-1994 by L.L. No. 8-1994; 5-15-1995 by L.L. No. 19-1995]

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]

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.

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; 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]

Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive on 11-2-1990.

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.

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]

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]

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).

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.

[Added 3-19-2002 by L.L. No. 9-2002; amended 11-8-2006 by L.L. No. 57-2006]

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.)

Editor's Note: This local law was adopted by the County Legislature after being vetoed by the County Executive 10-20-2006.

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]

The sale of blunt wrappers within the County of Suffolk shall be limited to tobacco business locations.

[Added 11-19-2002 by L.L. No. 23-2002; amended 1-3-2005 by L.L. No. 5-2005]

Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of cigarettes to persons under the age of 19, see Ch. 792, Tobacco Products, Art. I.

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]

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]

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]

Smoking is prohibited in bus shelters.

[Added 12-18-2018 by L.L. No. 8-2019]