Skip to main content
Language

Smoke Free Air Act Exemption - Register a Tobacco Event

Operating & Renewing

Operating Requirements

  • 1
    The event must be held in an enclosed room by solid floor to ceiling walls and windows, or solid floor to ceiling partitions and it must comply with all NYC Building Code and Fire Code requirements.
    • 2
      Windows in such rooms shall remain closed while people are smoking in the room unless the windows open to the exterior, and all doors shall remain closed while people are smoking in the room except to the extent necessary to enter and leave the room.
      • 3
        The room shall be ventilated to prevent second-hand smoke from drifting into non-smoking rooms and areas.
        • 4
          Only two tobacco promotion public events may be held in any single facility (building or other premises) in any calendar year. See Public Health Law §1399-q (7).
          • 5
            Preparation or service of "potentially hazardous food" in the enclosed room where the tobacco promotion public event is being held is prohibited.  Potentially hazardous food is any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice, cooked pasta or other ingredients, including synthetic ingredients, capable of supporting pathogens (bacteria that may make a person ill if consumed).  See New York City Health Code §81.03 (ee).