N.Y. PBH Law § 1399-S

§ 1399-s. Violations. 1. It shall be unlawful for any person, firm,\nlimited liability company, corporation or other entity that owns,\nmanages, operates or otherwise controls the use of an area in which\nsmoking and vaping is prohibited or restricted pursuant to section\nthirteen hundred ninety-nine-o of this article to fail to comply with\nthe provisions of this article. For violations of this subdivision, it\nshall be an affirmative defense that during the relevant time period\nactual control of the area was not exercised by the respondent, but\nrather by a lessee, the sublessee or any other person. To establish an\naffirmative defense, the respondent shall submit an affidavit and may\nsubmit any other relevant proof indicating that the respondent did not\nexercise actual control of said area during the relevant time period.\nSuch affidavit and other proof shall be mailed by certified mail to the\nappropriate enforcement officer within thirty days of receipt of such\nnotice of violation.\n 2. It shall be unlawful for an employer whose place of employment is\nsubject to subdivision one of section thirteen hundred ninety-nine-o of\nthis article to fail to comply with the provisions of such subdivision.\nFor violations of such subdivision, it shall be an affirmative defense\nthat the employer has made good faith efforts to ensure that employees\ncomply with the provisions of this article.\n 3. It shall be unlawful for any person to smoke or vape in any area\nwhere smoking and vaping is prohibited or restricted under section\nthirteen hundred ninety-nine-o of this article.\n