The New York State Department of Health website says: “In 2017, New York State expanded Article 13-E of the Public Health Law, also known as the Clean Indoor Air Act (the Act). The Act prohibits smoking and vaping in almost all public and private indoor workplaces, including restaurants and bars, to protect workers and the public from exposure to harmful secondhand tobacco smoke and vaping aerosols. Localities may continue to adopt and enforce local laws regulating smoking and vaping; however, these regulations must be at least as strict as the Act” which means Mr Law and Order asshole was breaking the law and can and probably will be fined for it.