S T A T E O F N E W Y O R K
________________________________________________________________________
7587
2011-2012 Regular Sessions
I N A S S E M B L Y
May 10, 2011
___________
Introduced by M. of A. LINARES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the administrative code of the
city of New York, in relation to authorizing the sale of cigarettes to
individuals twenty-one years of age or older
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 1399-bb of the public health law,
as amended by chapter 508 of the laws of 2000, is amended to read as
follows:
4. The distribution of tobacco products or herbal cigarettes pursuant
to subdivision two of this section shall be made only to an individual
who demonstrates, through a driver's license or other photographic iden-
tification card issued by a government entity or educational institution
indicating that the individual is at least [eighteen] TWENTY-ONE years
of age. Such identification need not be required of any individual who
reasonably appears to be at least twenty-five years of age; provided,
however, that such appearance shall not constitute a defense in any
proceeding alleging the sale of a tobacco product or herbal cigarette to
an individual.
S 2. Subdivisions 2, 3 and 7 of section 1399-cc of the public health
law, subdivisions 2 and 3 as amended by chapter 508 of the laws of 2000,
subdivision 3 as separately amended by chapter 162 of the laws of 2002,
and subdivision 7 as amended by chapter 13 of the laws of 2003, are
amended to read as follows:
2. Any person operating a place of business wherein tobacco products
or herbal cigarettes are sold or offered for sale is prohibited from
selling such products, herbal cigarettes, rolling papers or pipes to
individuals under [eighteen] TWENTY-ONE years of age, and shall post in
a conspicuous place a sign upon which there shall be imprinted the
following statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10877-01-1
A. 7587 2
POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING
PAPERS OR PIPES, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS
PROHIBITED BY LAW." Such sign shall be printed on a white card in red
letters at least one-half inch in height.
3. Sale of tobacco products or herbal cigarettes in such places, other
than by a vending machine, shall be made only to an individual who
demonstrates, through (a) a valid driver's license or non-driver's iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or possession,
the District of Columbia, a state government within the United States or
a provincial government of the dominion of Canada, or (b) a valid pass-
port issued by the United States government or any other country, or (c)
an identification card issued by the armed forces of the United States,
indicating that the individual is at least [eighteen] TWENTY-ONE years
of age. Such identification need not be required of any individual who
reasonably appears to be at least twenty-five years of age, provided,
however, that such appearance shall not constitute a defense in any
proceeding alleging the sale of a tobacco product or herbal cigarettes
to an individual under [eighteen] TWENTY-ONE years of age.
7. No person operating a place of business wherein tobacco products or
herbal cigarettes are sold or offered for sale shall sell, permit to be
sold, offer for sale or display for sale any tobacco product or herbal
cigarettes in any manner, unless such products and cigarettes are stored
for sale (a) behind a counter in an area accessible only to the person-
nel of such business, or (b) in a locked container; provided, however,
such restriction shall not apply to tobacco businesses, as defined in
subdivision eight of section thirteen hundred ninety-nine-aa of this
article, and to places to which admission is restricted to persons
[eighteen] TWENTY-ONE years of age or older.
S 3. Subdivision (d) of section 1399-dd of the public health law, as
amended by chapter 13 of the laws of 2003, is amended to read as
follows:
(d) in a place of employment which has an insignificant portion of its
regular workforce comprised of people under the age of [eighteen] TWEN-
TY-ONE years and only in such locations that are not accessible to the
general public; provided, however, that in such locations the vending
machine is located in plain view and under the direct supervision and
control of the person in charge of the location or his or her designated
agent or employee.
S 4. Section 17-706 of the administrative code of the city of New
York, as amended by local law number 69 of the city of New York for the
year 2009, is amended to read as follows:
S 17-706 Sale of tobacco products to minors prohibited. Any person
operating a place of business wherein tobacco products are sold or
offered for sale must be licensed as required by section 17-703 of this
code and is prohibited from selling such products to individuals under
[eighteen] TWENTY-ONE years of age, and shall post in a conspicuous
place a sign upon which there shall be imprinted the following state-
ment, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, OR
OTHER TOBACCO PRODUCTS, ROLLING PAPER OR PIPES, TO PERSONS UNDER [EIGH-
TEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be
printed on a white card in red letters at least one-half inch in height.
Sale of tobacco products in such places, other than by a vending
machine, shall be made only to an individual who demonstrates, through a
driver's license or other photographic identification card issued by a
government entity or educational institution, that the individual is at
A. 7587 3
least [eighteen] TWENTY-ONE years of age. Such identification need not
be required of any individual who reasonably appears to be at least
twenty-five years of age, provided, however, that such appearance shall
not constitute a defense in any proceeding alleging the sale of a tobac-
co product to an individual under [eighteen] TWENTY-ONE years of age.
S 5. Section 17-714 of the administrative code of the city of New
York, as amended by local law number 69 of the city of New York for the
year 2009, is amended to read as follows:
S 17-714 Sale of herbal cigarettes to minors prohibited. It shall be
unlawful for any person to sell or offer for sale herbal cigarettes to
an individual under [eighteen] TWENTY-ONE years of age.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.