Smoke-free Air Act Complaint Form : Bureau of Tobacco Control : NYC DOHMH

The New York City Department of Health and Mental Hygiene

Smoke-free Air Act Complaint Form : Tobacco Control : NYC DOHMH

Bureau of Tobacco Control

Smoke-Free Air Act and Clean Indoor Air Act Complaint Form

Please fill out this form to report violations of New York City's Smoke-Free Air Act of 2002 and New York State's Clean Indoor Air Act. The Department of Health and Mental Hygiene will follow up on the complaint with the information you provide. Enter all of the information requested (*=entry required). Leaving your name and contact information will enable us to contact you if we need additional information to respond to your complaint. After you've entered in the required information, use the Send button at the bottom of the form to submit your form. If you need to make a change, you can use the Start Over button to erase all of the information entered.

Additional information on types of complaints and current laws is available below. If you have questions or would like further information, please call 311.

Date of Complaint (Today's Date):

Location of Smoking Violation:

^*Name of business:

^*Building number:

^*Street name:

^*Borough:

Zip code:

Phone number:

^*Time and Date of Violation:

^*Date of occurrence:

^*Time of occurrence: AM PM

^*Description of Violation (check all that apply):

Customer smoking Employee/Owner smoking

Ashtray present in no-smoking area No-smoking sign not posted

Smoking allowed in no-smoking area Smoking policy not posted/disseminated

Person-in-charge fails to inform violator(s) to stop smoking Other (describe below)

Briefly describe the violation below:

^*Type of Establishment:

If Other, describe below:

Location Within Establishment Where Violation was Observed:

^*Which floor(s)? (separate multiple floors by a comma):

If Other, describe below:

Smoking Complaint Reported By:

Your name:

Phone number:

Day:

Evening:

E-mail address:

Your street address:

City:

State:

Zip code:

The Department of Health and Mental Hygiene will respond to complaints about violations of the Smoke Free Air Act (SFAA) and Clean Indoor Air Act (CIAA) including smoking in smoke-free areas. The Department will take whatever action may be indicated by the circumstances, including inspections, as necessary, to determine if there are in fact violations of the SFAA, CIAA and the Department's regulations. Please be aware that tobacco bars and membership organizations that have registered with the Department may be permitted to allow smoking on their premises under the SFAA. Owner operated bars that have registered with the Department may be permitted to allow smoking on their premises under the SFAA only if a waiver of the CIAA has been granted by the Department.

Type of Complaint Current Law

Smoking in restaurants No smoking allowed in restaurants except in 25 percent of any outdoor seating, as long as the area is contiguous,separated from the any other dining areas by 3 feet and not positioned under an overhang, canopy or other similar structure.

Smoking in the workplace No smoking allowed in workplaces including in private offices and in company cars.

Selling cigarettes to minors. Sales of tobacco to minors prohibited. Violations can lead to monetary fines and suspension or revocation of license.

Giving away free cigarettes Prohibits the distribution of tobacco products to the general public at less than basic cost.

Selling cigarettes in vending machines Vending machine sales are prohibited, except no less than 25 feet from the door in a tavern where the sale of food is incidental.

Selling "loosies" Out of package sales of cigarettes are prohibited.

Smoking on school grounds Use of tobacco products on school premises is prohibited, including outside areas. Covers both teachers and students.

Selling herbal cigarettes to minors Prohibited.

Minors selling cigarettes Tobacco sales only permitted by a retail dealer, its agents or employees who are 18 years or older. If less than 18 years old then under direct supervision of a retail dealer, its agent or employee who is 18 years or older and on premises.