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§ 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.

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