Stony Brook University
University Senate
Campus Environment Committee
Smoking Policy Subcommittee
Final Report
May 1, 2008

Executive Summary

The committee’s proposal is stated below and should be approved as written.
Effective Fall 2008 smoking will be prohibited within 20 feet of all building entrances
throughout the University and in the academic mall except in clearly designated area(s).
Individual campuses may enforce stricter smoking policies as indicated. In accordance with
SUNY policy, smoking is prohibited in all indoor areas, including all residence halls and
apartment complexes throughout the University, with the exception of the Long Island State
Veterans home. This policy will must be reviewed after a five year period but may be reviewed at
any time to assess the impact and effectiveness of the new rules Smoking cessation assistance is
available through the New York State Smokers Quitline by calling 1-(866)-697-8487 or online at
www.nysmokefree.com.

Note: All residents of the State of New York, including faculty, staff, students, patients and visitors to the Stony Brook University campus have access to the New York State Smokers Quitline. For many requests, the caller will be referred to local resources.

These more stringent guidelines on smoking at Stony Brook University are necessary updates to
a smoking policy that has not been updated since 1997. Through this policy, Stony Brook
University affirms its obligation to the health and safety of Stony Brook students, faculty, staff,
and visitors. But, most of all the university must provide a clean and healthy environment for all
members of the campus community. The key elements for a successful smoking policy are the
placement of no smoking signs at building entrances and affixing cigarette receptacles to the
ground or to other immovable objects so as to make the policy easier to enforce. The goal is to
keep smoke away from areas where students tend to congregate.

Implementing the new policy will require the cooperation of the Facilities and Campus
Residence staff in placing no smoking signs at building entrances and affixing cigarette
receptacles to immovable objects. The implementation of this policy will result in the
improvement of the quality of life, health, and safety of all members of the University
community and our guests. It will also create further disincentives for smokers to smoke and
increase awareness of smoking cessation programs available to smokers.
In 2006 the U.S. Surgeon General called nicotine addiction a serious public health problem based
on irrefutable research. In particular, it was reported that secondhand smoke can negatively
impact the health of nonsmokers. As tobacco users are not a protected class under the U.S.
Constitution, local government does have the right to minimize the risk of second hand smoke
through the restriction of cigarette use by its constituents. However, based on the severity of the
addiction, likelihood of relapse, and sizeable number of smokers, the development of a full
media campaign for the benefit of all stakeholders should take place with the implantation of this
more restrictive policy. This policy is seen as a balance that both increases public safety and
allows for individual behavior.

Relevant History:
During the first quarter of 2007, a subcommittee of the Campus Environment Committee
presented the University Senate with a proposal to ban smoking at Stony Brook University. The
University Senate, after hearing arguments from the committee Chair, members of the
undergraduate group Breaking Away from Tobacco, and a co-signer to the Minority Report of
the committee, did not pass the proposal 16-17-2. The Smoking Policy Subcommittee began its
work in the Fall of 2007 to develop a smoking policy that is fair to all stakeholders at the
University.

The subcommittee was formed and intentionally included representation from campus
administration, graduate and undergraduate students, the hospital, plus members of the greater
Long Island community. Of the 27 members, 12 are students and three are not affiliated with the
university. Besides the committee members, five campus administrators were identified as
consultants in regard to their areas of expertise. Much of the committee research was carried out
by Michael Cohen, a graduate student in the School of Social Welfare. (Details on the committee
membership are provided in Attachment C). The subcommittee met eight times. These meetings
were held on September 21, December 5, 2006; January 23, September 19, October 17,
November 14, and December 12. The committee then met again on February 27, 2008, to
finalize the products that resulted from the charges to the committee. These products are
included in this report. During these meetings spanning four academic semesters, a number of
reports and documents related to secondhand smoke were presented, which can be found in the
attachments.

CAMPUS ENVIRONMENT COMMITTEE
2006/2007
Charge: This Committee shall examine all aspects of the campus environment, including but not limited
to safety, security, facilities planning, state of facilities, and general appearance of the campus. It will
consult with and advise the Assistant Vice President for Facilities and Services.
List of Attachments
Attachment Title Page Number
A Draft Policy Statement 4
B Media Campaign 7
C Smoking Policy Subcommittee Roster 9
D GSO Resolution 9/12/2006 12
E GSO Resolution 10/10/2006 13
F SUNY Student Assembly Resolution 14
3
G SUNY Residence Hall Smoking Policy 15
H 2006-07 Smoking Ban Subcommittee
Minority Report 17
I Smoking Policy Subcommittee
Resolution 11/14/2007 20
J 2006-07 Smoking Ban Subcommittee
Final Report 21
K NYS Clean Indoor Air Act 29
L Suffolk County Sanitary Code 37

Attachment A

Draft Policy Statement
SMOKE -FREE UNIVERSITY P112
Issued by: (Pending)
Approved: (Pending)
The University recognizes the serious and substantial public health risk and productivity
problems caused by smoking. In an effort to create a healthful, comfortable and productive
environment for all students, faculty, staff and visitors, the University adopts this smoke-free
policy. This policy applies to all students, faculty, staff and visitors at Stony Brook and all
University buildings and facilities. The policy applies to all of Stony Brook University’s
campuses. Individual campuses may choose to enforce stricter policies through their respective
governing bodies.

1. Smoking is prohibited in all indoor locations including but not limited to:
· classrooms, lecture halls, auditoriums and libraries;
· laboratories, shops, computer rooms and studios;
· offices, meeting rooms and lunch rooms;
· dining facilities, lounges and rest rooms;
· lobbies, foyers, and waiting rooms;
· hallways, stairwells and elevators;
· maintenance areas, mechanical and storage rooms;
· stadiums, gyms and physical activity centers;
· theaters and exhibit halls;
· residence halls and apartment complexes.
2. Smoking is prohibited in all enclosed areas including but not limited to:
· building entrances and covered walkways;
· loading docks and parking garages;
· courtyards and patios.
3. Smoking is prohibited in the following outdoor locations:
· at any outdoor event with seating;
· within 20' of any outdoor area with seating;
· within 20' of any building entrance or ventilation system;
· on the academic mall.
(see exceptions in section 8).
4. Smoking is prohibited in all University vehicles including buses, vans, cars
and trucks.
6. The sale of cigarettes and other tobacco products is prohibited
anywhere on University property.
7. Cigarette advertisements must not be publicly displayed at the
University.
8. Exceptions: Smoking will be permitted in the following areas
provided that all conditions are met.
A) Long Island State Veterans Home (LISVH) Residents' Smoking Lounge;
B) Clearly designated smoking area(s) on the academic mall.
DEFINITIONS:
Smoke-Free: The establishment of an environment that is free of smoke through the prohibition
of smoking.
Smoking: The burning of a lighted cigar, cigarette, pipe or any other tobacco product.
Academic Mall: An area stretching between the Earth Sciences and Administration buildings &
between The Staller Center and Computer Science buildings.

PROCEDURE:
1. The Physical Plant shall ensure that signs reading NO SMOKING WITHIN 20 FEET OF
ENTRANCE are posted at all building entrances and at other strategic locations.
2. The Physical Plant shall provide and affix receptacles with signs reading HAVE YOU
THOUGHT ABOUT QUITTING? for the extinguishing of tobacco products at a distance of
twenty (20) feet from building entrances.
3. Environmental Health and Safety, Student Health Services and the Employee Assistance
Program shall provide information on smoking and offer smoking cessation programs to the
campus community.
4. Each year the President’s Office will issue an email campus announcement about the Smoking
Policy and smoking cessation programs that are available to smokers.
ENFORCEMENT:
1. It is the responsibility of all administrators, faculty, staff and students to enforce this smoking
policy.
2. Department Heads, Chairs and Directors shall ensure that all personnel within their areas
comply with all of the requirements.
3. Employees or students who repeatedly violate the requirements of this policy may be
disciplined through the Office of Human Resources or the Student Judiciary.
4. Any person who fails to comply with the requirements of this policy may be in violation of
Article 13E of the New York State Public Health Law. Violations may be subject to the
imposition of a civil fine in addition to University disciplinary action.
Smoking Cessation Assistance
Smoking cessation assistance is available through the New York State Smokers Quitline by calling 1-(866)-697-
8487 or online at www.nysmokefree.com.
INQUIRIES/REQUESTS:
Environmental Health and Safety
State University of New York at Stony Brook
110 Suffolk Hall
Stony Brook, NY 11794-6200
Main Office: (631) 632-6410
Fax: (631) 632-9683
RELATED DOCUMENTS:
Article 13E-New York State Public Health Law
Regulation of Smoking in Certain Public Areas
Article 11-Suffolk County Sanitary Code (7/93)
Sunset Provision
This policy will expire five (5) years after implementation and will need to be reviewed and
updated by a Smoking Policy Subcommittee of the Campus Environment Committee of the
University Senate.

Attachment B

Media Campaign
The following list of elements to include in a media campaign will aid in reaching all campus
stakeholders that will be impacted by approval of this proposal. These stakeholders include but
are not limited to faculty, staff, volunteers, students, patients, visitors, contractors and
subcontractors. It was recommended by the subcommittee that the media outreach efforts should
begin immediately once the proposal has been approved. This media exposure will prepare all
members of the multi-campus community for the formal date of policy implementation. Items
with a cost element or involving specific time investment will require approval and cooperation
from individual departments, groups, and organizations prior to implementation.
Media Campaign Action Items with Additional Cost:

Statesman Ad

Posters

Flyers

Postcards
Media Campaign Action Items without Additional Cost:
· Lotus Notes Announcements
· Email Announcement
· WUSB Radio – Public Service Announcements
· Staller Center slides shown during the Friday Night Film Series
· Hospital Intranet
· Hospital Announcements
· SB Web Site "In the News"
http://commcgi.cc.stonybrook.edu/artman/publish/cat_index_14.shtml
· Targetvision (SAC TV)
· SBU TV
· Campus bus signs
· ‘Happenings’ Article
· Campus Press Release
· Campus Newsletters (includes: HRS Newsletter, HSC Newsletter,
Campus Recreation Newsletter, Community Relations Newsletter,
VP Research Newsletter)
· Sinc Sites (Stony Brook Instructional Network Computing)
· Blackboard
· SOLAR
Other media outreach suggestions include:
· Facebook and Myspace advertisements
· The Stony Brook Press
· Earthday annual celebrations on campus, as held each year during
the month of April.
· Signage for campus visitors
· Intake forms for hospital and outpatient clinic patients
· Online admission forms for prospective students
· Web content added to the Human Resources website for
prospective employees.
· ‘Great American Smokeout’ annual celebrations in November
· New employee and new student orientation sessions.
· Student Health Service and Employee Assistance Program
distribution of information.
· Information in Student Planners or “Success Books”
· Development of a dedicated website to feature this range of
information.
· The university’s smoking policy should be featured:
o At all Staller Center Events
o At all athletic Events
o At all concerts, conferences, and related-public events
o On the event reservation form in the Conferences and
Special Events department.
o In all vendor contracts throughout the university.

Attachment C

University Senate
CAMPUS ENVIRONMENT COMMITTEE
Smoking Policy Subcommittee
Final Roster 2007-2008

Campus Environment Committee charge: It shall examine all aspects of the campus environment,
including but not limited to safety, security, facilities planning, state of facilities, and general appearance
of the campus. It will consult with and advise the Assistant Vice President for Facilities and Services.
Committee and Participant Roster
Joe Antonelli
Boughton, Sabra; Director, Patient Ed., SON L2-241 HSC, Z=8240, Sabra.Boughton@Stonybrook.edu,
4-5263
Campbell, Safiya; Project Coordinator, Tobacco Action Coalition of Long Island, 700 Veterans
Memorial Highway, Hauppauge, NY 11788-2952, 265-3848 x 11, scampbell@alanys.org.
Carriere, Lori Journalism student; lor087@yahoo.com, (516) 547-4698.
Dautruche, Ketty, Campus Environment Committee student member, Ketty87@aol.com
Dethlefs, Bill, Alumni Relations, L3-122 HSC, Z=8304, wdethlefs@notes.cc.sunysb.edu, 4-8305
Driscoll, Ellen, Student Health Service, 119 Infirmary Z=3191, ellen.driscoll@stonybrook.edu.
Esparza, Louis Edgar; Subcommittee Chair, W. Burghardt Turner Fellow, Z=4356,
lesparza@notes.cc.sunysb.edu, 908-787-5774.
Giardino, Laura; laura.giardino@suffolkcountyny.gov, Suffolk County Dept. of Public Health
Gurnevich, Kathy, Students Putting an End to Cancer, ygurnevi@ic.sunysb.edu.
Gustavson, Jennifer; jegustav@ic.sunysb.edu, (631) 849-3639.
Herlich, Dustin; Grad. Assistant for Student Media, 2-6828, dherlich@notes.cc.sunysb.edu
Hirst, Trevor; Vice President of Student Life, USG, thirst@notes.cc.sunysb.edu
Holthausen, Bob; Environmental Health & Safety, 106 Suffolk Hall, Z=2600, 2-9672,
rholthausen@notes.cc.sunysb.edu.
Jochum, Glenn; Staff Writer, Communications, GJochum@notes.cc.sunysb.edu.
Eric Kahn
Keeley, Karen; Marketing Coordinator, Communications, kkeeley@notes.cc.sunysb.edu
Maiorella, Matthew, Campus Environment Committee student member, <Maiorella@ic.sunysb.edu>
McCoy, Liz; Director, Labor and Employee Relations, L3-04HSC, Z=8329, 4-2528,
emccoy@notes.cc.sunysb.edu. (Copy Margaret Schneider on e-mails,
Margaret.schneider@stonybrook.edu)
Mis, Gary; Director of Judicial Affairs, 347 Admin. Z=0501, gary.mis@Stonybrook.edu, 2-6705
Christine Murphy-Sassano
Romano, Robert, USG Senate President Pro Tempore, Rromano@ic.sunysb.edu
Shertzer, Artie; UUP representative, 131 Suffolk Hall Z=6245, ashertzer@notes.cc.sunysb.edu
Schiller, Rebekah; GSO representative, schiller@grad.physics.sunysb.edu.
Nathan Shapiro
Shek, Annie; Breaking Away from Tobacco (BAT) student organization, annie.shek125@gmail.com
Eran Shor
Smith, Brenda; Employee Assistance Program representative, 140 Old Chemistry Bldg. z=3711,
Brenda.smith@stonybrook.edu
Linda Tatem
Nikki Tricarico
Thompson, Esselie, Choosing Health Options in the College Environment (CHOICE) and Student Health
Advisory Committee (SHAC), esthomps@ic.sunysb.edu
Valerio, Kathleen, Health Educator – West Campus, 2-9338, kvalerio@notes.cc.sunysb.edu.
Vece, Joe; Community Standards Coordinator, joseph.vece@stonybrook.edu, 2-9011
Woulfin, Dan, Stony Brook Independent.com, dwoulfin@notes.cc.sunysb.edu.
www.sbindependent.org.
Zacharia, Marianne, Community Resource Mngr., Tobacco Action Coalition of Long Island, 700
Veterans Memorial Highway, Hauppauge, NY 11788-2952, 265-3848 X 15. mzacharia@alanys.org
Consulting Role:
Tom Biancaniello, Assoc. Dean for Medical Affairs, School of Medicine,
Gail Habicht, Vice President for Research, Stony
Gil Hanson
Lynn Johnson, Director, Human Resource Services,
Gary Kaczmarczyk, Director, Environmental Health and Safety,
Joseph Lapietra, Deputy Executive Director, Long Island State Veterans Home, 4-8606,
Doug Little, Assistant Chief of Police, University Police,
Jonathan Spier, Director of Community Relations, Long Island State Veterans Home,
Rich Young, Chief, University Police, 2-6350

Attachment D

Whereas the State University of New York at Stony Brook is considering the implementation of
a complete and total smoking ban on the SUNY at Stony Brook campus; and
Whereas the Graduate Student Organization (GSO), hereby endorsed by resolution of the
Senate, has determined that this policy, if implemented, would invariably, unnecessarily, and
perhaps illegally violate the rights and liberties of a substantial portion of students, faculty, and
staff persons, who, in the course of their life, have for whatever reason begun smoking; and
Whereas in considering the irrefutable fact that smoking in a highly addictive activity, and in
considering the geographical size of the SUNY at Stony Brook campus itself, the proposed ban
may lead to a decrease in Stony Brook student research productivity and academic success, as
well as a similar decrease in Stony Brook faculty/staff professional activities and work output,
resulting from a newfound necessity to frequently depart the campus throughout the working day
in order to smoke and, while on campus, consumed with planning a time to depart campus to
smoke; and
Whereas the proposed ban will leave open the possibility that prospective students may feel
alienated by said ban and could very well decide to attend another institution as a result; and
Whereas the proposed ban offers no viable enforcement provisions without an astronomical
increase in SUNY tuition in order to afford a similar astronomical increase in the number of law
enforcement officers on said campus in order to effectively and efficiently patrol smoking on
campus and enforce said proposed ban;
Be it resolved that the GSO strongly opposes the proposed complete and total smoking ban on
the SUNY at Stony Brook campus; and
Be it resolved further that in order to reduce the possibility of second-hand smoking on said
campus, the University should allocate the necessary resources and take the necessary steps in
enforcing the already-existing policy, which prohibits smoking within 15 (fifteen) feet from the
entrance to the buildings.
Andrei Antonenko, President ___________________________________
Alton Frabetti, Vice-President ___________________________________
Louis Edgar Esparza, Secretary ___________________________________
Ryan Soule, Treasurer ___________________________________

Attachment E

Resolution on policies related to smoking
Whereas, some students, faculty, and staff have been grieved by both the behavior of smokers
and the active presence of smoking on campus of the State University of New York and Stony
Brook; and
Whereas, the rules regarding smoking that currently exist at the SUNY at Stony Brook campus
are often unknown to most students, faculty, and staff that smoke, and hence their behavior
does not reflect a disregard for such rules but, instead, an ignorance of them; therefore
Be it resolved, that in order to reduce the presence of second-hand smoking on the SUNY at
Stony Brook campus, to educate students, faculty, and staff of the existing rules, and to
implement the existing policies, the Graduate Student Organization endorses the following
policies and projects:
1. The installation of signage indicating that smoking is not allowed within fifteen (15) feet of
the building doorways; these signs will also indicate fines for littering since cigarette butts
are heretofore considered litter;
2. Fines for the relocation of cigarette disposal trays/units directly on such units; signs on the
same cigarette disposal trays/units informing smokers of the consequences of relocating the
disposal units;
3. More initiative to educate the population to the existing rules;
4. Initiation of the tobacco cessation programs, available for free to students, faculty, and staff;
5. The continued ban on the sale of all tobacco products on campus;
6. Enforcement by the University Police of violation of said rules after the signage and
education efforts have been completed; and further
Be it resolved, that twelve (12) months after the complete implementation of the above, the
documented evidence of satisfaction and dissatisfaction of students, faculty, and staff should be
obtained and the results of these policies will be assessed so as to properly gauge the situation
of smoking on campus; if the results show that majority of students, faculty, and staff are
dissatisfied with the results of fifteen (15) feet policy, then fifty (50) feet policy should be
implemented before the introduction of total smoking ban.
Andrei Antonenko, President ___________________________________
Alton Frabetti, Vice-President ___________________________________
Louis Edgar Esparza, Secretary ___________________________________
Ryan Soule, Treasurer ___________________________________

Attachment F

To: The SUNY Student Assembly Executive Committee
From: President Daniel C. Curtis
Date: July 31, 2006
Re: Residence Hall Smoking Ban (Resolution EC0607-6)
I hereby offer for consideration of the State University of New York Student Assembly and the
Executive Committee the following resolution:
Whereas, at the Spring 2005 Business Meeting of the State University of New York Student
Assembly Resolution 11 of 2005 was passed concerning Smoking Policies in SUNY, and
Whereas, this legislation called for individual campuses to decide on smoking policies at each of
the institutions, and
Whereas, the June 27 press release from Chancellor Ryan, along with pressure from a number of
other entities has made the potential for a System-Wide Residence Hall Smoking Ban imminent,
and
Whereas, this organization exists to protect the interests of its 414,000 constituents, many of
whom choose to smoke, and
Whereas, the proposed residence-hall ban would reduce both fire hazards and insurance costs for
the University System, and
Whereas, 87% of state-operated residential facilities are currently smoke-free, and
Whereas, the same pressures for a residence hall smoking van are calling for campus-wide
smoking bans, therefore be it
Resolved, that the State University of New York Student Assembly Executive Committee
supports a System-Wide Residence Hall Smoking Ban, and be it further
Resolved, that while the Executive Committee supports such measures in residence halls, we
stand firmly objected to any system-wide campus smoking bans, and be it further
Resolved, that the Executive Committee hopes that measures are taken to accommodate those
students who choose to smoke outside residential facilities in some fashion at legally designated
distances.

Attachment G
Category:
HR / Labor Relations
Student Affairs
Responsible Office:
University Counsel
Policy Title:
Residence Hall Smoking Policy
Document Number:
3452
Effective Date:
July 01, 2007
This policy item applies to:
State
Table of Contents
Summary
Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices
Summary
The Board of Trustees of the State University of New York (University) has prohibited smoking in all
residence halls and apartment buildings owned or operated by the University, and in vehicles owned or
leased by the University or the State of New York. Campuses are directed to designate preferred smoking locations and/or establish an appropriate minimum distance from residence halls and apartment buildings, particularly, entrances to such buildings, within which smoking is prohibited, to avoid the exposure of building residents to second hand smoke.

Policy
A. Smoking is prohibited in all residence halls and apartment buildings owned or operated by the
State University of New York (University).
B. The remainder of the campus is subject to the Clean Indoor Air Act, which prohibits smoking in
public facilities, and to local campus rules.
C. Smoking is prohibited within vehicles owned or leased by the University or the State of New York.
D. Campus presidents are directed to:
1. Review current policies regarding smoking outside of residential buildings, giving
consideration to the safety of students and employees who may go outside to smoke;
2. work with various constituencies, includin
locations and/or establish minimum distances from residential buildings beyond which smoking
State-Operated Campuses. Campuses are directed to designate preferred smoking
including students, to designate preferred smoking locations and/or establish minimum distances from residential buildings beyond which smoking is allowed to limit the exposure of second hand smoke for those entering and exiting residence halls, as well as to prevent the possibility of smoke being drawn into air intakes or open windows; and
3. Review current educational efforts with regard to smoking and enhance smoking cessation
programs, as appropriate.
E. The president of each University campus may seek to develop a smoking policy that is more
restrictive than this policy, subject to collective bargaining agreements to the extent applicable.

Definitions
Smoking - the burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains
tobacco.
Secondhand smoke - a mixture of the smoke given off by the burning end of a cigarette, pipe or cigar,
and the smoke exhaled from the lungs of smokers.
Other Related Information
Passenger Vans
Procedures
There are no procedures relevant to this policy.
Forms
There are no forms relevant to this policy.
Authority
Public Health Law Article 13-E
State University of New York Board of Trustees Resolution 2007-21, adopted January 11, 2007.
History
Amended - 2003
· reflects the State’s commitment to ensuring that all workers are protected from
secondhand smoke.
Enacted - 1989
· The Clean Indoor Air Act prohibits smoking in indoor public areas.
Appendices
There are no appendicies relevant to this policy.

Attachment H
Stony Brook University
University Senate and Campus Environment Committee
Smoking Ban Subcommittee
March 1, 2007
MINORITY REPORT
Cosigners: Ketty Dautruche Louis Edgar Esparza
USG Senator GSO Executive Board
Campus Environment Committee lesparza@notes.cc.sunysb.edu
Ketty87@aol.com
Trevor Hirst Matthew Maiorella
USG VP of Student Life USG Senator
thirst@notes.cc.sunysb.edu Campus Environment Committee
mmaiorel@notes.cc.sunysb.edu
Rebekah Schiller Dan Woulfin
GSO Senator SB Independent News Editor (former)
schiller@grad.physics.sunysb.edu GSO Senator
dan.woulfin@gmail.com
Executive Summary
The Minority members of the Smoking Ban Subcommittee recommend that the University
Senate take the following steps:
1) Recognize and support the work that the Smoking Ban Subcommittee has done to
improve the existing campus smoking policy;
2) Form a cross-campus subcommittee tasked with formulating a strong and
enforceable campus smoking policy that students, faculty, and staff can openly
support, armed with the proposals that have come out of the Smoking Ban
Subcommittee, the GSO Senate, and the USG Senate.
All members of the Smoking Ban Subcommittee recognize the public health risk caused by
smoking. Due to these health risks, the Minority has recommended revisiting the campus
smoking policy, which has not been updated in 10 years. The Minority takes a conscientious
position to achieve an environment that students, faculty and staff can thrive in.
The Smoking Ban Subcommittee has recommended several positive initiatives to educate
members of the campus community about the dangers of smoking. However, the Minority does
not support the policy prescriptions that take steps to ban smoking on campus. We feel that
these steps are unfeasible, unenforceable and make the campus smoking policy weaker rather

than stronger. We feel that the policy recommendations from the GSO and USG contribute to a
stronger, more feasible, and more enforceable policy that salvages the spirit of a total smoking
ban while still being enforceable.
Relevant History
In the Spring of 2006, the Campus Environment Committee took steps to ban smoking at the
university. On April 28, 2006, without the consultation of the GSO or the USG, the committee
developed the following proposal for University Senate adoption:
Effective Fall 2006 smoking will be limited only to pre-designated areas on campus.
These areas are yet to be determined, but will allow for existing limitations as noted for
dormitories, the hospital, and the Long Island State Veterans home. In a time frame not
to exceed three years a total ban on smoking is to be implemented campus-wide. This ban
will follow a policy recently implemented by SUNY Upstate Medical University that
affects all faculty, staff, students, patients, and visitors. Smoking cessation assistance is
available through the New York State Smokers Quitline by calling 1-(866)-697-8487 or
online at www.nysmokefree.com.
The University Senate was made aware of the statement on May 1, 2006. Afterwards, the
Executive Committee called for a subcommittee to be formed with the explicit task to make the
proposal for a total smoking ban stronger. The committee was limited to discussing the following
items:
· To amend the proposal to include text as to the availability of smoking cessation options.
· To develop a draft policy statement to clearly define the proposed prohibitions.
· To outline the elements of a media campaign to raise awareness of the policy’s pending
implementation.
The GSO and USG Executive Boards were informed of the proposal on May 11, 2006. On
September 12, 2006, the GSO Executive Board introduced a Resolution to the GSO Senate
stating:
Be it resolved that the GSO strongly opposes the proposed complete and total ban on the
SUNY at Stony Brook campus; and
Be it further resolved that in order to reduce the possibility of second-hand smoking on
said campus, the University should allocate the necessary resources and take the
necessary steps in enforcing the already-existing policy, which prohibits smoking with 15
(fifteen) feet from the entrance to buildings.
The Resolution was passed by the GSO Senate unopposed, 20-0-3. The same Resolution was
introduced to the USG Senate on September 19, 2006 and passed the USG Senate by a wide
majority, 14-2-0. On October 10, 2006, the GSO Executive Board introduced a second resolution
with detailed smoking policy recommendations that did not include a total smoking ban (See
Attachment B). The Resolution passed by a wide majority, 30-1-3. The University Senate
Executive Board was informed in a timely fashion.

The Smoking Ban Subcommittee began meeting in the Fall of 2006. At the December 5, 2006
meeting of the Subcommittee, there was a discussion about expanding the role of the committee
to allow for editing of the proposal to exclude a total ban. The Chair was asked to approach the
Executive Committee with this idea. The Chair was not agreeable. Seeing that the Report that
would come out of this subcommittee would not reflect the position of the student government
representatives on the body, work began on drafting this Minority Report around the January 23,
2007 meeting.

Attachment I
Stony Brook University
University Senate
Campus Environment Committee
Smoking Policy Subcommittee
November 14, 2007
Resolution on the Terms of the Development of a Fair Smoking Policy
Whereas the Smoking Policy Subcommittee proposed a Smoking Ban to the University Senate
in April of 2007; and
Whereas after considering both the Smoking Policy Subcommittee and Minority Reports, the
University Senate did not pass a proposed Smoking Ban by of vote of 16-17-2; and
Whereas in considering that smoking has a severe, irrefutable, and adverse effect on the campus
environment; and
Whereas both the University Senate and the Smoking Policy Subcommittee are starkly divided
on a proposed Smoking Ban; therefore
Be it resolved that the Smoking Policy Subcommittee will work to find common ground on a
fair Smoking Policy for the entire campus; and
Be it resolved further that the recommendations developed by the Smoking Policy Committee
will not contain a total and complete ban on smoking on the campus.
Louis Edgar Esparza, Chair ___________________________________
Smoking Policy Subcommittee

Attachment J
Stony Brook University
University Senate and Campus Environment Committee
Smoking Ban Subcommittee
Final Report
February 28, 2007
Executive Summary
The original one-paragraph proposal, as amended, is stated below and should be approved as
written.
Effective Fall 2006 smoking will be limited only to pre-designated areas on campus. These areas
are yet to be determined, but will allow for existing limitations as noted for dormitories, the
hospital, and the Long Island State Veterans home. In a time frame not to exceed three years a
total ban on smoking is to be implemented campus-wide. This ban will follow a policy recently
implemented by SUNY Upstate Medical University that affects all faculty, staff, students,
patients, and visitors. Smoking cessation assistance is available through the New York State
Smokers Quitline by calling 1-(866)-697-8487 or online at www.nysmokefree.com.
Note: All residents of the State of New York, including faculty, staff, students, patients and visitors to the Stony Brook University campus have access to the New York State Smokers Quitline. For many requests, the caller will be referred to local resources.
The prohibition on tobacco use will reflect on both the role that the university plays as a health
care provider and as a major employer and a serious effort to directly address the detrimental
effects of tobacco use. Through this policy, Stony Brook University also affirms its obligation to
work to contain the costs of providing quality health care. But, most of all the university must
provide a clean and healthy environment for all members of the campus community.
Additionally, a ban on all tobacco use removes at least two deficiencies with the existing policy;
one is the varied size of the non-smoking radius at campus entrances (15 feet versus 50 feet).
Another includes problems associated with smoking-related litter.
Implementing the new policy will not be easy. In detail provided later in this document just over
20% of all residents of New York are smokers. The percentage should be the same for members
of our campus community. Most users of tobacco products grew up exposed to tobacco use by
family members or through the extensive media coverage that has glamorized smoking behaviors
over the years. In 2006 the U.S. Surgeon General called nicotine addiction a serious public health
problem based on irrefutable research. In particular, it was reported that secondhand smoke can
negatively impact the health of nonsmokers. As tobacco users are not a protected class under the
U.S. Constitution, local government does have the right to prohibit the use of tobacco use by its
constituents. However, based on the severity of the addiction and likelihood of relapse, providing
a three-year time frame for full implementation of this policy will allow those that are willing to
stop use of tobacco products to access smoking cessation and nicotine replacement therapies. It
will also allow for the development of a full media campaign for the benefit of all stakeholders
that should take place prior to full policy implementation.

“We . . . believe that the conclusions of public health officials concerning environmental tobacco smoke are sufficient to warrant measures that regulate smoking in public places. We also believe that where smoking is permitted, the government should require the posting of warning notices that communicate public health officials' conclusions that secondhand smoke causes disease in non-smokers.” - Philip Morris USA. (2007).
Relevant History:
During the first quarter of 2006 a request was made to the Campus Environment Committee, by
the Executive Committee of the University Senate, to address the inconsistencies with the
existing smoking policy, Smoke-Free University P112, as approved on Nov. 20, 1997. (Stony
Brook University, 1997). The initial recommendation was considered to be too weak to be
effective. A subsequent recommendation was made that would ban all smoking on campus
within a three-year period of time. This revised proposal was then approved by the Campus
Environment Committee on April 28, 2006.
This proposal was then presented to the members of the University Senate on May 1, 2006 for
informational purposes. Prior to it being scheduled for a vote of approval during a subsequent
meeting, the Executive Committee asked that a subcommittee be developed to address three
issues in terms of the proposal.
· To amend the proposal to include text as to the availability of smoking cessation options.
· To develop a draft policy statement to clearly define the proposed prohibitions.
· To outline the elements of a media campaign to raise awareness of the policy’s pending
implementation.
The subcommittee was formed and intentionally included representation from campus
administration, graduate and undergraduate students, the hospital, plus members of the greater
Long Island community. Of the 27 members, 12 are students and three are not affiliated with the
university. Besides the committee members, five campus administrators were identified as
consultants in regard to their areas of expertise. Much of the committee research was carried out
by Michael Cohen, a graduate student in the School of Social Welfare. (Details on the committee
membership are provided in Attachment C). The subcommittee met three times. These meetings
were held on November 21 and December 5, 2006. The committee then met again on January 23,
to finalize the products that resulted from the three initial charges to the committee. These
products are included in this report.
During these meetings a number of reports and documents related to secondhand smoke were
presented. One report identified 34 college campuses that have already passed campus-wide
smoke or tobacco-free policies. This report, dated October 2006, was compiled by the American
Nonsmokers’ Rights Foundation (ANRF). As of January 12, 2007, the updated list named 42
colleges and universities where the entire campus, both indoors and out has been declared
smoke-free. (American Nonsmoker’s Rights, 2007).
Identified Smoke-free campuses in the United States as of January 12, 2007:
Arkansas: North Arkansas Community College, Harrison; University of Arkansas at Fort Smith, and the University
of Arkansas for Medical Sciences.
California: DeAnza Community College, Fullerton College, Ohlone College, Mesa College, Riverside Community
College, San Joaquin Delta College, and the University of California at San Francisco.
Georgia: Darton College, Floyd College and Gainesville College
Indiana: Indiana University East Campus, Indiana University Purdue University at Indianapolis.
Iowa: Des Moines University and Mercy College of Health Sciences.
Maine: Kennebec Valley Community College.
Maryland: Columbia Union College, Garrett College, and Maryland Bible College and Seminary.
Michigan: Great Lakes Christian College and Lansing Community College.
Missouri: Ozarks Technical Community College, St. Charles Community College, and State Fair Community
College.
New Jersey: Burlington County College and County College of Morris.
New York: Cazenovia College and SUNY Upstate Medical University.
North Dakota: Bismarck State College and Minot State University.
Ohio: Circleville Bible College.
Tennessee: Austin Peay State University.
Texas: Alvin Community College, San Antonio College, and San Jacinto College, South Campus.
Utah: Brigham Young University
Washington: Clark College
West Virginia: West Virginia School of Osteopathic Medicine.
Wisconsin: University of Wisconsin at Baraboo/Sauk County and Western Technical College.
Of the known smoke-free campuses, not all posted their smoke-free policy statements to the web.
Of the available policy statements, the subcommittee relied extensively on those from SUNYUpstate
and Indiana University Purdue University Indianapolis Campus (IUPUI).
Besides an inventory of smoke-free and tobacco-free universities, the following states have
legislation that mandates smoke-free workplaces. These include Delaware, Florida, Hawaii,
Louisiana, Massachusetts, Montana, Nevada, New Jersey, New York, North Dakota, Ohio,
Rhode Island, South Dakota, Utah, and Washington State.
------
“Philip Morris USA agrees with the overwhelming medical and scientific consensus that cigarette smoking is
addictive. It can be very difficult to quit smoking, but this should not deter smokers who want to quit from trying to
do so.” (Philip Morris USA, 2007).
-------
Precipitating Factors:
Developments both on-campus and nationwide contributed to the recommendation to ban all use
of tobacco products on the Stony Brook University campuses. Some of these factors are
highlighted below.
On or regarding the Stony Brook University campus:
The inconsistency of no-smoking perimeters at building entrances on east campus (50 feet) and
west campus (15 feet) particularly during inclement weather, the lack of clarity regarding policy
enforcement, and chronic littering of tobacco related-products all contributed to a need to review
the existing policy. The original policy was written and implemented in 1997.
Until recently it has been difficult to gauge the interest in a smoking ban by students or other
constituent groups. During meetings on September 26 and October 10, 2006 with the
Undergraduate and Graduate Student Government, nonsupport of the proposal to ban smoking
on campus was evident by discussion. In contrast, the Tobacco Action Coalition of Long Island
had a full-page add in Suffolk Life newspaper. This paid ad listed a number of student groups

across the county that went on record as “saying no to tobacco money.” Of the groups
highlighted, 20 student groups were identified as being from the Stony Brook University
campus. That list is found in Attachment E.
Several articles have also been printed in Stony Brook University student publications over the
last few months. The visibility of these articles has helped to raise the awareness of the issues
related to secondhand smoke. A limited listing of these articles is included in the reference
section of this report.
External developments:
On June 27, 2006 the U.S. Surgeon General, Richard H. Carmona, released a report, The Health
Consequences of Involuntary Exposure to Tobacco Smoke. Based on extensive research, this
report indicates there is no risk-free level of exposure to secondhand smoke. In fact, tobacco
smoke has toxic properties that negatively impact the health of nonsmoking adults and children.
In addition, the report verifies:
· Breathing secondhand smoke contributes to a number of preventable diseases.
· Secondhand smoke causes premature death and disease in nonsmokers. In 2005, these
deaths were estimated to be more than 50,000 nationwide.
· Brief exposure to secondhand smoke has immediate adverse effects on the cardiovascular
system and increases risk for heart disease and lung cancer.
· Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot
eliminate exposure of nonsmokers to secondhand smoke.
· Only smoke-free environments can provide full protection from secondhand smoke.
· Sustained efforts are required to protect those who continue to be regularly exposed to
secondhand smoke.
· Workplace smoking restrictions are effective in reducing secondhand smoke exposure.
· Establishing a smoke-free policy is the only way to ensure that secondhand exposure
does not occur in the workplace.
In response to the Surgeon General’s report, on Jan. 11, 2007 the SUNY Board of Trustees
adopted a policy that bans smoking in all residence halls, apartment buildings, and in all campus
vehicles effective July 1, 2007. This policy addresses the remaining nine percent of SUNY
residence hall beds, including those at Stony Brook University, where smoking was still
permitted. (Cannistraci, C. 2007, Jan. 11).
In support of the Surgeon General’s findings on January 18, 2007 in a reanalysis of nicotine
yields from major cigarette brands sold between 1997 and 2005, the Massachusetts Department
of Public Health (MDPH) confirmed that tobacco product manufacturers have actually increased
the levels of nicotine in cigarettes by 11 percent. As nicotine is the primary addictive agent in all
tobacco products this re-engineering process created a more addictive product for the end user.
The increased concentration was evident irrespective of whether the cigarette was mentholated,
non-mentholated, full-flavor, light, or ultralight. The research was performed by a team from the
Tobacco Control Research program at the Harvard School of Public Health (HSPH). This report
further states that tobacco companies can and do control the level of nicotine delivered in their
products. As a result, tobacco products are being reengineered to increase the rate of nicotine
delivery, resulting with a higher rate of addiction. (Harvard School of Public Health, 2007, Jan. 18).

During this same period of time, the American Cancer Society estimated that use of tobacco
products directly causes 30% of all cancer deaths. Of all smokers, they reported that one-third
will die prematurely from tobacco use. In addition, nearly 10% of all college students in the
United States will die prematurely from tobacco use, and many of these deaths will be from
cancer. They attribute part of these phenomena as being caused by tobacco industry marketing
efforts that have targeted young adults aged 18 – 24. (American Cancer Society, 2002, May 22).
As a final observation, as is proposed the prohibition of tobacco products on campus will address
both tobacco consumption and byproducts. Cigarette butts as byproducts, have filters that are
made of plastic and contain chemicals that if eaten, can kill small animals. During the 12-15
years that it will take a cigarette butt to decay the nicotine residue remains at toxic levels to the
environment. (Register, K., 2000). Nicotine is considered to be a natural insecticide.
Tobacco Control Legal Consortium’s Position Regarding Legal Bans on Tobacco Use:
The Tobacco Control Legal Consortium has developed a synopsis of legal precedents regarding
constitutional rights to smoke. (Graff, 2005). In this document they raise several key points, most
of which are relevant to approval of this proposal at Stony Brook University.
o There is no such thing as a constitutional “right to smoke.” The Constitution of
the United States does not extend special protection to smokers.
o Since smoking is not a protected constitutional right, the Constitution does not bar
the passage of local, state, or federal smoke-free laws and other restrictions on
smoking.
o Smoke-free legislation is rationally related to a legitimate government goal. The
courts have long held that protecting the public’s health is one of the most
essential functions of government.
o The constitutional ‘right to liberty’ (e.g. smokers’ rights and personal choice)
does not shield smokers from compliance with smoke-free legislation.
o The fundamental ‘right to privacy’ does not include smoking or use of tobacco
products.
o Since smoking is not a fundamental privacy right, government does have a
legitimate goal of protecting the health of the general public by enforcing nonsmoking
restrictions.
o A smoke-free law that “discriminates” against smokers will not violate the Equal
Protection Clause of the Constitution so long as the law is rationally related to a
legitimate government goal of protecting public health.
o Smokers’ rights proponents who challenge a “discriminatory law” limiting
smoking also are unlikely to convince a court that smokers deserve special
protection under a New York State equal protection clause.
o The mere fact that a smoking ban will single out and place burdens on smokers as
a group does not, by itself, offend the equal protection clause because there is no
basis upon which to grant smokers the status of a specially protected group ( i.e.
race, national origin, ethnicity, gender, and illegitimacy).
The text referenced in this section is not based on consultation with legal experts affiliated with
Stony Brook University. However, it does reflect an overview of government bans on tobacco
use at both the state and local levels.
Perceived Consequences to Policy Implementation.
Over the course of the discussion by the subcommittee a few points were explored regarding
potential consequences to passage of this proposal. Each point will be addressed separately.
There will be a perceived decline in student applications for admission:
Of the universities that have become smoke-free and reported their experiences on the web, all
have indicated they did not have a decline in student admission applications. This outcome is
also likely to happen here. During a site visit by staff of the Stony Brook University Student
Health Services at Rocky Point High School on December 19, 2006, they met with 150 seniors in
small groups. Of the total, 24 students reported being smokers. Each small group was asked if
Stony Brook University became smoke free, would that deter interest, applications, and/or
enrollment if the applicant was accepted. (Of the total, 28 students in the group have applied to
SBU and await responses). There were no students responding that indicated it would deter their
interest. In fact, the follow-up comments to the proposed policy change were all positive. The
three year period for implementation of the ban will allow ample opportunity for prospective
students to be made aware of the university’s policy.
Passage of the smoking ban will present a hardship to the international students:
As of January 1, 2007 Hong Kong banned the majority of smoking both indoors and out. It now
joins Singapore as the latest city in Asia to ban smoking in most public places. In addition,
France is to ban smoking in all restaurants as of Jan. 1, 2008. They in turn are joining other
countries in Europe with proposed or existing smoking bans. (Associated Press, 2007). Since
smoking bans are becoming common across the globe there will not be any greater hardship for
our international students that use tobacco products than for any other member of the campus
community. At this point in time the following countries are known to have comprehensive
smoke-free or tobacco-free workplace laws as per the American Nonsmokers Rights Foundation:
Belgium, Bhutan, Czech Republic, Egypt, England, Finland, France, Iran, Ireland, Italy, Hong
Kong, Maldives, Malta, New Zealand, Northern Ireland, Norway, Scotland, Singapore, Sweden,
Thailand, Uganda, and Uruguay. In addition, the majority of both the Canadian provinces and the
Australian states should be included on this list.

References
American Cancer Society (2002, May 22). The Smoke-Free New England Campus Initiative: A Campaign
to Save Lives and Promote Civic and Individual Wellness. Website, (2-16-07),
http://www.cancer.org/docroot/COM/content/div_NE/COM_4_2x_Smoke-Free_New_England.asp?sitearea=COM
American Nonsmokers’ Rights Foundation. (2007, January 12). Colleges and Universities with Smokefree
Air Policies. Website, (2-28-07), http://www.no-smoke.org/pdf/smokefreecollegesuniversities.pdf.
Associated Press, (2007, Jan. 2). Hong Kong wakes up to new smoking ban New law prohibits lighting up inside and outside most public places. MSNBC. Com. Website, (2-21-07),
http://www.msnbc.msn.com/id/16440509/print/1/displaymode/1098
Cannistraci, C. (2007, Jan. 11). SUNY Board of Trustees Bans Smoking in Residence Halls. The State
University of New York, Office of Public Relations. Website (2-13-07),
http://www.suny.edu/sunynews/News.cfm?filname=2007-1-11SmokeFreeResHalls.htm
Carmona, R. (2006, June 27) The Health Consequences of Involuntary Exposure to Tobacco Smoke. Office
of U.S. Surgeon General. Website (2-16-07), http://www.surgeongeneral.gov/library/secondhandsmoke. The
Surgeon General’s findings are strongly supported by the Centers for Disease Control and Prevention. (For details
see http://www.cdc.gov/tobacco).
Centers for Disease Control. (2004). Sustaining State Programs for Tobacco Control. Office on Smoking
and Health. Website, (2-13-07), http://www.cdc.gov/tobacco/datahighlights/DataHighlights.pdf
Editorial. (2006, Sept. 23). SUNY to Propose Smoking Ban. Stony Brook Press. Vol. 28, Issue 1. Website,
(2-21-07), http://www.thestonybrookpress.com.
Graff, S. (2005). There is No Constitutional Right to Smoke. Tobacco Control Legal Consortium. Website,
(2-6-07), http://tclconline.org/resources/No+Constitutional+Right+to+Smoke.pdf
Grim, D. (2007, Jan. 26). News of the Week- Research Funding: UC Balks at Campus-Wide Ban on
Tobacco Money for Research. Science. vol. 315, no. 5811, pp. 447-448. Website (2-13-07),
http://www.sciencemag.org/cgi/content/full/315/5811/447a
Harvard School of Public Health (2007, Jan. 18). HSPH Press Release: Reanalysis of Cigarette Content
Confirms Tobacco Companies Have Increased Addictive Nicotine 11 Percent Over Recent Seven-Year Period.
Website, (1-22-07), http://www.hsph.harvard.edu/press/releases/press01182007.html
Philip Morris USA, (2007). On Addiction. Website (2-16-07)
<http://www.philipmorrisusa.com/en/health_issues/addiction.asp>
Philip Morris USA. (2007). On Secondhand Smoke. Website, (2-16-07),
http://www.philipmorrisusa.com/en/health_issues/secondhand_smoke.asp.
Register, Kathleen M. (2000). Cigarette Butts as Litter-Toxic as well as ugly.” Underwater
Naturalist: Bulletin of the American Littoral Society, Volume 25, Number 2, August 2000. Website, (9-22-
06), http://www.longwood.edu/cleanva/ciglitterarticle.htm.
Statesman Editorial Board, (2007, January 29). If Students Will, Smoke Won’t Kill. The Stony
Brook Statesman. Website, (2-21-07),
http://media.www.sbstatesman.com/media/storage/paper955/news/2007/01/29/Opinion/If.Students.Will.
oke.Wont.Kill-2681227.shtml.

Willemain, Matt. (2006, Oct. 9). Student Senators Oppose Smoking Ban. Stony Brook
Independent. Website, (2-16-07), http://www.sbindependent.org/node/1248.
Woulfin, Dan. (2006, Dec. 7). Subcommittee Meets on Smoking Ban. Stony Brook Independent.
Website, (2-21-07), http://www.sbindependent.org/node/1518.
Stony Brook University (1997, Nov. 20). Smoke-Free University P112. (Website, (2-16-07).
http://naples.cc.stonybrook.edu/Admin/policy.nsf/pages/p112).
CAMPUS ENVIRONMENT COMMITTEE
2006/2007
Charge: This Committee shall examine all aspects of the campus environment, including but not limited
to safety, security, facilities planning, state of facilities, and general appearance of the campus. It will
consult with and advise the Assistant Vice President for Facilities and Services.

Attachment K
Clean Indoor Air Act
Effective July 24, 2003
�� 1399-n. Definitions.
For purposes of this article:
1. "Bar" means any area, including outdoor seating areas, devoted to the sale and service of
alcoholic beverages for on-premises consumption and where the service of food is only
incidental to the consumption of such beverages.
2. "Employer" means any person, partnership, association, limited liability company, corporation
or nonprofit entity which employs one or more persons, including the legislative, executive and
judicial branches of state government and any political subdivision of the state.
3. "Food service establishment" means any area, including outdoor seating areas, or portion
thereof in which the business is the sale of food for on-premises consumption.
4. "Membership association" means a not-for-profit entity which has been created or organized
for a charitable, philanthropic, educational, political, social or other similar purpose.
5. "Place of employment" means any indoor area or portion thereof under the control of an
employer in which employees of the employer perform services, and shall include, but not be
limited to, offices, school grounds, retail stores, banquet facilities, theaters, food stores, banks,
financial institutions, factories, warehouses, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments,
employee medical facilities, rooms or areas containing photocopying equipment or other office
equipment used in common, and company vehicles.
6. "School grounds" means any building, structure, and surrounding outdoor grounds contained
within a public or private pre-school, nursery school, elementary or secondary school's legally
defined property boundaries as registered in a county clerk's office, and any vehicles used to
transport children or school personnel.
7. "Retail tobacco business" means a sole proprietorship, limited liability company, corporation,
partnership or other enterprise in which the primary activity is the retail sale of tobacco products
and accessories, and in which the sale of other products is merely incidental.
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco.
�� 1399-o. Smoking restrictions.

Smoking shall not be permitted and no person shall smoke in the following indoor areas:
1. Places of employment;
2. Bars;
3. Food service establishments, except as provided in subdivision six of section thirteen hundred
ninety-nine-q of this article;
4. Enclosed indoor areas open to the public containing a swimming pool;
5. public means of mass transportation, including subways, underground subway stations, and
when occupied by passengers, buses, vans, taxicabs and limousines;
6. Ticketing, boarding and waiting areas in public transportation terminals;
7. Youth centers and facilities for detention as defined in sections five hundred twenty-seven-a
and five hundred three of the executive law;
8. Any facility that provides child care services as defined in section four hundred ten-p of the
social services law, provided that such services provided in a private home are excluded from
this subdivision when children enrolled in such day care are not present;
9. Child day care centers as defined in section three hundred ninety of the social services law and
child day care centers licensed by the city of New York;
10. Group homes for children as defined in section three hundred seventy-one of the social
services law;
11. Public institutions for children as defined in section three hundred seventy-one of the social
services law;
12. Residential treatment facilities for children and youth as defined in section 1.03 of the mental
hygiene law;
13. All public and private colleges, universities and other educational and vocational institutions;
14. General hospitals and residential health care facilities as defined in article twenty-eight of
this chapter, and other health care facilities licensed by the state in which persons reside;
provided, however, that the provisions of this subdivision shall not prohibit smoking by patients
in separate enclosed rooms of residential health care facilities, adult care facilities established or
certified under title two of article seven of the social services law, community mental health
residences established under section 41.44 of the mental hygiene law, or facilities where day
treatment programs are provided, which are designated as smoking rooms for patients of such
facilities or programs;
15. Commercial establishments used for the purpose of carrying on or exercising any trade,
profession, vocation or charitable activity;
16. Indoor arenas;
17. Zoos; and
18. Bingo facilities.
�� 1399-p. Posting of signs.
1. "Smoking" or "No Smoking" signs, or the international "No Smoking" symbol, which consists
of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall
be prominently posted and properly maintained where smoking is regulated by this article, by the
owner, operator, manager or other person having control of such area.
2. The owner, operator or manager of a hotel or motel that chooses to develop and implement a
smoking policy for rooms rented to guests shall post a notice at the reception area of the
establishment as to the availability, upon request, of rooms in which no smoking is allowed.
�� 1399-q. Smoking restrictions inapplicable.
This article shall not apply to:
1. Private homes, private residences and private automobiles;
2. A hotel or motel room rented to one or more guests;
3. Retail tobacco businesses;
4. Membership associations; provided, however, that smoking shall only be allowed in
membership associations in which all of the duties with respect to the operation of such
association, including, but not limited to, the preparation of food and beverages, the service of
food and beverages, reception and secretarial work, and the security services of the membership
association are performed by members of such membership association who do not receive
compensation of any kind from the membership association or any other entity for the
performance of such duties;
5. Cigar bars that, in the calendar year ending December thirty-first, two thousand two, generated
ten percent or more of its total annual gross income from the on-site sale of tobacco products and
the rental of on-site humidors, not including any sales from vending machines, and is registered
with the appropriate enforcement officer, as defined in subdivision one of section thirteen
hundred ninety-nine-t of this article. Such registration shall remain in effect for one year and
shall be renewable only if: (a) in the preceding calendar year, the cigar bar generated ten percent
or more of its total annual gross income from the on-site sale of tobacco products and the rental
of on-site humidors, and (b) the cigar bar has not expanded its size or changed its location from
its size or location since December thirty-first, two thousand two;
6. Outdoor dining areas of food service establishments with no roof or other ceiling enclosure;
provided, however, that smoking may be permitted in a contiguous area designated for smoking
so long as such area: (a) constitutes no more than twenty-five percent of the outdoor seating
capacity of such food service establishment, (b) is at least three feet away from the outdoor area
of such food service establishment not designated for smoking, and (c) is clearly designated with
written signage as a smoking area; and
7. Enclosed rooms in food service establishments, bars, catering halls, convention halls, hotel
and motel conference rooms, and other such similar facilities during 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, and the service of food and drink is
incidental to such purpose, provided that the sponsor or organizer gives notice in any
promotional material or advertisements that smoking will not be restricted, and prominently
posts notice at the entrance of the facility and has provided notice of such function to the
appropriate enforcement officer, as defined in subdivision one of section thirteen hundred ninetynine-
t of this article, at least two weeks prior to such function. The enforcement officer shall
keep a record of all tobacco sampling events, and such record shall be made available for public
inspection. No such facility shall permit smoking under this subdivision for more than two days
in any calendar year.
�� 1399-r. General provisions.
1. Nothing in this article shall be construed to deny the owner, operator or manager of a place
covered by this article the right to designate the entire place, or any part thereof, as a
nonsmoking area.
2. The provisions of this article shall apply to the legislative, executive and judicial branches of
state government and any political subdivision of the state.
3. Smoking may not be permitted where prohibited by any other law, rule, or regulation of any
state agency or any political subdivision of the state. Nothing herein shall be construed to restrict
the power of any county, city, town, or village to adopt and enforce additional local law,
ordinances, or regulations which comply with at least the minimum applicable standards set forth
in this article.
�� 1399-s. Violations.
1. It shall be unlawful for any person, firm, limited liability company, corporation or other entity
that owns, manages, operates or otherwise controls the use of an area in which smoking is
prohibited or restricted pursuant to section thirteen hundred ninety-nine-o of this article to fail to
comply with the provisions of this article. For violations of this subdivision, it shall be an
affirmative defense that during the relevant time period actual control of the area was not
exercised by the respondent, but rather by a lessee, the sublessee or any other person. To
establish an affirmative defense, the respondent shall submit an affidavit and may submit any
other relevant proof indicating that the respondent did not exercise actual control of said area
during the relevant time period. Such affidavit and other proof shall be mailed by certified mail
to the appropriate enforcement officer within thirty days of receipt of such notice of violation.
2. It shall be unlawful for an employer whose place of employment is subject to subdivision one
of section thirteen hundred ninety-nine-o of this article to fail to comply with the provisions of
such subdivision. For violations of such subdivision, it shall be an affirmative defense that the
employer has made good faith efforts to ensure that employees comply with the provisions of
this article.
3. It shall be unlawful for any person to smoke in any area where smoking is prohibited or
restricted under section thirteen hundred ninety-nine-o of this article.
�� 1399-t. Enforcement.
1. For the purpose of this article the term "enforcement officer" shall mean the board of health of
a county or part county health district established pursuant to title three of article three of this
chapter, or in the absence thereof, an officer of a county designated for such purpose by
resolution of the elected county legislature or board of supervisors adopted within sixty days
after the effective date of this article. Any such designation shall be filed with the commissioner
within thirty days after adoption. If no such designation is made, the county will be deemed to
have designated the department as its enforcement officer. Any county that does not designate an
enforcement officer during the time period specified above may do so at any time, thereafter,
such designation will be effective thirty days after it is filed with the commissioner. The
enforcement officer shall have sole jurisdiction to enforce the provisions of this article on a
county-wide basis pursuant to rules and regulations promulgated by the commissioner. In a city
with a population of more than one million the enforcement officer shall be the department of
health and mental hygiene of such city which shall have sole jurisdiction to enforce the
provisions of this article in such city.
2. If the enforcement officer determines after a hearing that a violation of this article has
occurred, a civil penalty may be imposed by the enforcement officer pursuant to section thirteen
hundred ninety-nine-v of this article. When the enforcement officer is the commissioner, the
hearing shall be conducted pursuant to the provisions of section twelve-a of this chapter. When
the enforcement officer is a board of health or in a city with a population of more than one
million, the department of health and mental hygiene, or an officer designated to enforce the
provisions of this article, the hearing shall be conducted pursuant to procedures set forth in the
county sanitary code, or health code of such city, or in the absence thereof, pursuant to
procedures established by the elected county legislature or board of supervisors. No other
penalty, fine or sanction may be imposed, provided that nothing herein shall be construed to
prohibit an enforcement officer from commencing a proceeding for injunctive relief to compel
compliance with this article.
3. Any person who desires to register a complaint under this article may do so with the
appropriate enforcement officer.
4. The owner, manager, operator or other person having control of any area subject to the
provisions of this article, shall inform, or shall designate an agent who shall be responsible for
informing individuals smoking in an area in which smoking is not permitted that they are in
violation of this article.
5. Any person aggrieved by the decision of an enforcement officer other than the commissioner
may appeal to the commissioner to review such decision within thirty days of such decision. The
decision of any enforcement officer shall be reviewable pursuant to article seventy-eight of the
civil practice law and rules.
6. The enforcement officer, subsequent to any appeal having been finally determined, may bring
an action to recover the civil penalty provided in section thirteen hundred ninety-nine-v of this
article in any court of competent jurisdiction.
7. An enforcement officer who discovers a retail dealer who or which does not display a retail
dealer certificate of license or registration from the department of taxation and finance issued
pursuant to section four hundred eighty-a of the tax law shall notify the commissioner of taxation
and finance within thirty days of the name and address of any such establishment so that the
commissioner of taxation and finance can take appropriate action.
�� 1399-u. Waiver.
1. The enforcement officer may grant a waiver from the application of a specific provision of this
article, provided that prior to the granting of any such waiver the applicant for a waiver shall
establish that:
(a) Compliance with a specific provision of this article would cause undue financial hardship; or
(b) Other factors exist which would render compliance unreasonable.
2. Every waiver granted shall be subject to such conditions or restrictions as may be necessary to
minimize the adverse effects of the waiver upon persons subject to an involuntary exposure to
second-hand smoke and to ensure that the waiver is consistent with the general purpose of this
article.
�� 1399-v. Penalties.
The commissioner may impose a civil penalty for a violation of this article in an amount not to
exceed that set forth in subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an amount not to exceed that
set forth in paragraph f of subdivision one of section three hundred nine of this chapter.

[�� 12. Violations of health laws or regulations; penalties and injunctions.
1. Any person who violates, disobeys or disregards any term or provision of this chapter or of
any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to
exceed two thousand dollars for every such violation.
2. The penalty provided for in subdivision one of this section may be recovered by an action
brought by the commissioner in any court of competent jurisdiction.
3. Nothing in this section contained shall be construed to alter or repeal any existing provision of
law declaring such violations or any of them to be misdemeanors or felonies or prescribing the
penalty therefore.
4. Such civil penalty may be released or compromised by the commissioner before the matter has
been referred to the attorney general, and where such matter has been referred to the attorney
general, any such penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general with the consent of the
commissioner.
5. It shall be the duty of the attorney general upon the request of the commissioner to bring an
action for an injunction against any person who violates, disobeys or disregards any term or
provision of this chapter or of any lawful notice, order or regulation pursuant thereto; provided,
however, that the commissioner shall furnish the attorney general with such material, evidentiary
matter or proof as may be requested by the attorney general for the prosecution of such an action.
6. It is the purpose of this section to provide additional and cumulative remedies, and nothing
herein contained shall abridge or alter rights of action or remedies now or hereafter existing, nor
shall any provision of this section, nor any action done by virtue of this section, be construed as
stopping the state, persons or municipalities in the exercising of their respective rights to
suppress nuisances or to prevent or abate pollution.]
�� 1399-w. Limitation of causes of action.
An employer, administrator, manager, owner or operator of any indoor area, food service
establishment, or place of employment regulated by this article who complies or fails to comply
with the provisions of this article shall not be subject to any legal liability or action solely as a
result of such compliance or noncompliance except as provided in section thirteen hundred
ninety-nine-v of this article. Nothing in any other section of this article shall be construed to
create, impair, alter, limit, modify, enlarge, abrogate or restrict any theory of liability upon which
any person may be held liable to any other person for exposure to smoke.
�� 1399-x. Rules and regulations.

The commissioner shall not promulgate any rules or regulations to effectuate the provisions of
section thirteen hundred ninety-nine-n, subdivision six of section thirteen hundred ninety-nine-o
or subdivision one of section thirteen hundred ninety-nine-p of this article. The commissioner
shall not promulgate any rules or regulations that create, limit or enlarge any smoking
restrictions.
37
Article L
ARTICLE 11
SMOKING RESTRICTIONS
§760-1101 Smoking in Public Places
No person shall smoke or carry a lighted cigar, cigarette, pipe or any other form of smoking
object
or device in any elevator; in any retail food establishment, commonly known as a "supermarket"
or
"grocery store," including any store which offers foodstuffs for sale, other than restaurants and
eating places; and in any department store or retail clothing store. The owner or person in charge
may designate special areas where smoking is permitted, unless otherwise prohibited by law or
fire
department rule or regulation.
§760-1102 Smoking in Classrooms and Lecture Halls
No person shall smoke or carry a lighted cigar, cigarette, pipe or any other form of smoking
object or device in any classroom or in any lecture hall, except that the owner or person in charge of
such classroom or lecture hall may designate a special contiguous area containing not more than
twenty percent (20%) of the total seats of the classroom or lecture hall in which smoking is permitted,
unless otherwise prohibited by law or fire department rule or regulation.
§760-1103 Smoking in Health-Care Facilities
No person shall smoke or carry a lighted cigar, cigarette, pipe or any other form of smoking
object or device in any hospital, sanitarium, nursing or convalescent home, home for the aged or
chronically ill patients, except that the owner of any such facility may designate special areas
where smoking is permitted, unless otherwise prohibited by law or fire department rule or regulation,
provided that in any health-care facility, such special area shall be so removed from hazard to
patients or other residents.
§760-1104 Smoking at Public Gatherings
No person shall smoke or carry a lighted cigar, cigarette, pipe or any other form of smoking
object or device in any enclosed public space in which members of the public gather for religious,
recreational, political or social purposes; except that the owner or person in charge of any
building structure; or place specified in this section may designate a special area therein to be contiguous
and constituting not more than twenty percent (20%) of the total seats or floor space, where smoking
is permitted, unless otherwise prohibited by law or fire department rule or regulation. (Proviso:
§760-1104 shall not apply to any place in which social functions such as weddings, parties,
testimonial dinners and similar functions are held and in which seating arrangements are under
the control of the sponsor of the function and not of the owner or person in charge of such place.)
§760-1105 Smoking in County-Owned Facilities
No person shall smoke or carry a lighted cigar, cigarette, pipe, or any other form of smoking
object or device in any structure or facility owned and/or operated by the County of Suffolk; except in
the areas where smoking is permitted, unless otherwise prohibited by law or fire department rule or
regulation.

§760-1106 Posting of Notice
Signs prohibiting smoking or designating an area where smoking is permitted shall be
conspicuously posted in such a manner as to be easily seen by the general public. It shall be the duty of the
owner, manager or person in charge of each of the buildings, structures or facilities specified herein to
see to it that these signs are installed and properly maintained.
§ 760-1107 Tobacco Vendor Education Certification of Tobacco Retailers
Section 760-1107.1 Purpose
The purpose of this section is to protect public health by establishing safeguards to control the
sale of tobacco products to minors. By controlling the sale of tobacco products to minors,
addiction to the product can be significantly reduced. Article 13-F of the New York State Public
Health Law, known as the Adolescent Tobacco-Use Prevention Act (ATUPA) expressly
prohibits the sale of tobacco products to minors and further charges the Commissioner of the
Suffolk County Department of Health with the duty of enforcing the provisions of ATUPA.
Section 760-1107.2 Scope
Educating local tobacco retailers will facilitate and enhance retailer compliance with the
provisions of ATUPA and local laws. Local certification requirements will also permit a more
systematic monitoring of local tobacco retailer compliance to ATUPA and ensure that dealers of
tobacco products are fully educated about their responsibility under ATUPA.
Section 760-1108 Definitions
For purposes of this section,
A. “Person” means an individual person, firm, company, corporation, partnership, sole
proprietor, limited partnership, or association, business entity of any type or any
combination thereof.
B. “Tobacco Retail Dealer” means any person who owns or operates a site at which
tobacco products, as defined herein, are sold or offered for sale to the public.
C. “Tobacco Products” means one or more cigarettes or cigars, chewing tobacco, powdered
tobacco or any other tobacco products, including any product made primarily of an herb
or combination of herbs, and intended to be smoked in any of the methods that tobacco is
smoked, including but not limited to, as a cigarette, cigar or pipe filler or chewed.
D. Tobacco Vendor Education Certificate means a certificate issued by the Suffolk
County Department of Health Services.
E. “Commissioner” means the Commissioner of the Department of Health Services.
F. “Department” means the Suffolk County of Health Services.
Section 760-1109 Registration and Certification for Retail Dealer of Cigarettes and/or
Tobacco Products
No person shall sell or offer for sale tobacco products within Suffolk County without
first complying with Section 480-a of the New York State Law and having obtained a
valid New York State Retail Dealer Certificate of Registration for cigarettes and/or
Tobacco Products from the New York State Department of Taxation and Finance and
obtaining a valid Tobacco Education Certificate issued by the Commissioner.

A. It is unlawful for any person to engage in the selling of tobacco or tobacco products
without obtaining a valid Retail Dealer Certificate of Registration for Cigarettes and/or
Tobacco Products. Each tobacco retail dealer must obtain a Retail Dealer Certificate of
Registration for Cigarettes and/or Tobacco Products for each site at which tobacco
products are sold.
B. It shall be unlawful for any person to be engaged in the sale of tobacco products without
first having obtained a valid Suffolk County Tobacco Vendor Education Certificate in
accordance with the provisions of this article.
C. A certificate issued in accordance to Section 480-a of the New York State Tax Law and
the Tobacco Vendor Educational Certificate shall be conspicuously posted in each place
of business of the permittee.
Section 760-1110 Information Required
A. All tobacco retailer dealers in Suffolk County shall comply with Section 480-a of the
New York State Tax Law and posses a valid Retail Dealer Certificate of Registration for
Cigarettes and/or Tobacco products, and all tobacco retailers shall provide the
commissioner with proof of such compliance.
B. Tobacco product retailer dealers shall submit to the Commissioner, prior to the selling
tobacco products, a duplicate of the Application for Registration of Retail Dealers and
Vending Machines for Sales of Cigarettes and/or Tobacco.
C. For the purpose of registration the commissioner may require the submission of
additional written information on forms furnished by the Department.
Section 760-1111 Certification Requirements;Recertification
A. One year from the effective date of this article, at least one principal listed on the
tobacco retail dealer certificate, or designee, shall possess a valid Tobacco Vendor
Education Certificate issued by the Commissioner. Recertification shall be required
every three years.
(1) Any person listed on the Application for Registration of Retail Dealers and
Vending Machines for Sales of Cigarettes and Tobacco Products, or their designee,
shall attend and satisfactorily complete a Tobacco Vendor Education Certification
course of instruction whenever deemed necessary by the Commissioner.
(2) A Tobacco Vendor Education Certificate may be revoked anytime after due
hearing, on notice for violations of any of the provisions of this article.
B. Applicants shall meet such further qualifications as may be prescribed by this Article
and any other appropriate Article or regulations.
C. Registration for the course shall be in writing on forms furnished by the Department.

D. The commissioner may at her discretion establish criteria for reciprocal agreements for
vendor education certification through outside agencies.
Section 760-1112 Fines, Suspension, Revocation or Denial of Tobacco Vendor Education
Certificate
A. The Commissioner may, at her own discretion, deny, refuse to renew or revoke an
application for a Tobacco Vendor Education Certificate if the applicant for State
registration or any person listed on the application was listed on a previous application
where the registration was revoked for violations of Article 13-F of the New York State
Public Health Law known as the Adolescent Tobacco Use Prevention Act (ATUPA)., or
for violations of this Article.
B. The Commissioner shall have the power to impose a fine pursuant to Article2 of the
Suffolk County Sanitary Code upon a Tobacco Retail Dealer or to deny, suspend or
revoke a Tobacco Vendor Education Certificate for any one (1) or more of the following
causes:
(1) Fraud, deceit, misrepresentation or bribery in securing or use of a Tobacco
Vendor Education Certificate.
(2) The making of any false statement in an application for a Tobacco Vendor
Education Certificate.
(3) Violations of Article 13-F of the New York Public Health Law; New York State
Tax Law Article 20; or a violation of any relevant provision of the Suffolk
County Code, this Article, any other appropriate Article of this Chapter or any
regulation promulgated hereunder or any amendment made thereto.
(4) Failure to make payment in connection with fines imposed pursuant to this
Chapter.
(5) Any misuse of the Tobacco Vendor Certificate.
C. Except for a Tobacco Vendor Education Certification suspension or revocation required
because of the loss of the certificate holders’ Retail Dealer Certificate of Registration for
Cigarettes and/or Tobacco Products, no Tobacco Vendor Education Certificate shall be
suspended or revoked, nor a fine imposed, until after a hearing has been held before the
Commissioner or hearing officer designated for that purpose by the commissioner upon at
least seven (7) business days notice to the certificate holder. Notice shall be given to
persons listed on the State registration who may be affected by the proceedings and to the
person whose name appears on the Tobacco Vendor Education Certification Application.
Such notice shall be served either personally or by certified mail, return requested, to the
last known address of the certificate holder and persons listed on the application for the
State registration and shall state the date and place of the hearing as well as enumerate the
grounds constituting the allegations against such certificate holder. The certificate holder or
other persons who may be affected by the proceedings may be represented by counsel and
may produce witnesses in his own behalf. A record of the hearing shall be served either
personally or by certified mail, return receipt requested, to the last known address of the
certificate holder and persons listed on the application for State registration and shall state
the date and place of the hearing as well as enumerate the grounds constituting the
allegations against such certificate holder. The certificate holder or other persons who may
be affected by the proceedings may be represented by counsel and may produce witnesses
in his own behalf. A record of the hearing shall be taken and preserved. For purposes of
such hearing, the Commissioner or designee may administer oaths, take testimony,
subpoena witnesses and compel the production of books, paper, records or other documents
deemed pertinent to the subject of the hearing.
Section 760-1113 Severability
If any clause, sentence, paragraph of subdivison or part of this Article or the application thereof
to any person, individual, corporation, firm, partnership, entity, or circumstance, shall be
adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be confined it it’s operation to the
clause, sentence, paragraph, subdivison, or part of this Article, or in its application to the person,
individual, corporation, firm, partnership, entity or circumstance, directly involved in the
controversy in which such judgment shall be rendered.
(Adopted 5/21/1975; Amended 2/21/1979; Amended 3/18/2001)