New York A 4126: Limits the time a legislator may serve as a legislative leader

Status: HELD FOR CONSIDERATION IN GOVERNMENTAL OPERATIONS (as of 2020-07-16)

State: New York · Session: 2019-2020 · Bill: A 4126

Sponsors: KOLB

Bill Text

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A04126 Summary:

BILL NOA04126 

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SAME ASNo Same As

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SPONSORGray

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COSPNSRBlankenbush, Lemondes, Brown K, Beephan

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MLTSPNSR

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Add Art 19-A §§460 & 461, Tax L

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Requires a premises license issued by the department of taxation and finance for businesses retailing certain smoking products and paraphernalia; directs the department to issue regulations.

Go to top A04126 Actions:

BILL NOA04126 

&nbsp

01/31/2025referred to ways and means

01/07/2026referred to ways and means

Go to topA04126 Committee&nbspVotes:

Go to topA04126 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04126 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4126

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. GRAY, BLANKENBUSH, LEMONDES, K. BROWN, BEEPHAN --
 read once and referred to the Committee on Ways and Means

 AN ACT to amend the tax law, in relation to establishing a physical
 premises license for businesses retailing certain smoking products and
 paraphernalia

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "retail
 2 smoke shop physical premises licensing act".
 3 § 2. The tax law is amended by adding a new article 19-A to read as
 4 follows:
 5 ARTICLE 19-A
 6 REGULATION OF PREMISES RETAILING SMOKING PRODUCTS AND PARAPHERNALIA
 7 Section 460. Definitions.
 8 461. License.
 9 § 460. Definitions. For the purposes of this article:
 10 1. "Smoking paraphernalia" and "smoking products" shall mean any sili-
 11 cone or glass pipe, water pipe, hookah, rolling papers, bowls, vape
 12 pens, dab pen, electric rig, vaporizer or any other device, equipment or
 13 apparatus designed for the inhalation of tobacco or cannabis products.
 14 2. "Smoke shop" shall mean any business that exclusively retails smok-
 15 ing products or smoking paraphernalia, but shall not include a premises
 16 licensed to sell cigarettes or tobacco products under article twenty of
 17 this chapter.
 18 § 461. License. 1. (a) On and after January first, two thousand twen-
 19 ty-seven, every retail dealer shall publicly display a premises license
 20 from the department in each place of business in this state which is
 21 operated as a smoke shop as defined in this article. Applications for
 22 licenses shall be made on forms prescribed by the commissioner.
 23 (b) Licenses shall be valid for a calendar year period upon payment of
 24 the fee in an amount determined by the commissioner and must be renewed

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08236-01-5

 A. 4126 2

 1 each year upon payment of such fee. A license shall not be assignable or
 2 transferable.
 3 2. The commissioner shall establish regulations for the issuance of
 4 the premises license required by this article, including but not limited
 5 to requirements concerning the location and operation of the licensed
 6 premises, proximity to sensitive areas, such as school zones, etc. and
 7 any related health and safety considerations.
 8 (a) A premises licensed under this article shall be located on a
 9 public thoroughfare which is zoned for commercial premises.
 10 (b) Any entrance for non-proprietor use of the licensed premises shall
 11 be on street level.
 12 (c) Any licensed premises, at any point on the perimeter, shall not be
 13 within five hundred feet of the boundary line of a school, daycare,
 14 hospital, nursing home, substance rehabilitation facility, substance
 15 treatment centers, detox or recovery homes or centers, support services
 16 locations or church, synagogue or other place of worship.
 17 (d) A licensed premises may only operate between the hours of nine
 18 o'clock a.m. and ten o'clock p.m.
 19 (e) No screens, blinds, curtains, or partitions shall be permitted in
 20 the interior of the premises which obstruct either views or movements of
 21 non-proprietors.
 22 3. No person who has been convicted of any offense involving a
 23 controlled substance under the penal law, or any violation of the canna-
 24 bis law, shall be granted a license under this section

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