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.