S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6643

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

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, as amended by chapter 542 of the laws of 2014, are amended to  read
as follows:
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
sold or offered for sale  is  prohibited  from  selling  such  products,
herbal  cigarettes,  liquid  nicotine,  shisha, electronic cigarettes or
smoking paraphernalia 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, POWDERED TOBACCO, SHISHA  OR  OTHER  TOBACCO  PRODUCTS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10211-01-5
              

A. 6643                             2

HERBAL  CIGARETTES,  LIQUID  NICOTINE,  ELECTRONIC  CIGARETTES,  ROLLING
PAPERS OR SMOKING PARAPHERNALIA, 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,  herbal  cigarettes, liquid nicotine,
shisha or electronic 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 identification card  issued
by  the  commissioner  of  motor  vehicles,  the federal 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 passport issued  by
the United States government or any other country, or (c) an identifica-
tion  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 alleg-
ing the sale of a tobacco product, herbal cigarettes,  liquid  nicotine,
shisha  or electronic cigarettes to an individual under [eighteen] TWEN-
TY-ONE years of age.
  7. No person operating a place of business wherein  tobacco  products,
herbal  cigarettes, liquid nicotine, shisha or electronic cigarettes are
sold or offered for sale shall sell, permit to be sold, offer  for  sale
or display for sale any tobacco product, herbal cigarettes, liquid nico-
tine,  shisha  or  electronic  cigarettes  in  any  manner,  unless such
products and cigarettes are stored for sale (a) behind a counter  in  an
area  accessible  only  to  the  personnel 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 448 of the laws  of  2012,  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  17-714  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  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.