S T A T E O F N E W Y O R K
________________________________________________________________________
7529
2017-2018 Regular Sessions
I N A S S E M B L Y
May 1, 2017
___________
Introduced by M. of A. GALEF, DINOWITZ, BENEDETTO, ZEBROWSKI, HOOPER,
JAFFEE -- Multi-Sponsored by -- M. of A. FINCH, GOTTFRIED, HIKIND,
KOLB, McDONOUGH, PAULIN, THIELE -- read once and referred to the
Committee on Health
AN ACT to amend the public health law and the penal law, in relation to
increasing the purchasing age for tobacco products from eighteen to
nineteen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
and a new subdivision 8 is added 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] NINETEEN years of
age, UNLESS SUCH INDIVIDUALS ARE EIGHTEEN YEARS OF AGE WHO ARE SERVING
IN THE UNITED STATES MILITARY, INCLUDING BUT NOT LIMITED TO, THE
NATIONAL GUARD AND RESERVES; 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, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC
CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER
[EIGHTEEN] NINETEEN 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11026-01-7
A. 7529 2
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 years of age. Such identifica-
tion need not be required of any individual who reasonably appears to be
at least twenty-five years of age, provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the sale
of a tobacco product, herbal cigarettes, liquid nicotine, shisha or
electronic cigarettes to an individual under [eighteen] NINETEEN 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] NINETEEN years of age or older
UNLESS SUCH INDIVIDUALS ARE EIGHTEEN YEARS OF AGE WHO ARE SERVING IN THE
UNITED STATES MILITARY, INCLUDING BUT NOT LIMITED TO, THE NATIONAL GUARD
AND RESERVES.
8. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
§ 2. Subdivision 4 of section 1399-aa of the public health law, as
added by chapter 799 of the laws of 1992, is amended to read as follows:
4. "Private club" means an organization with no more than an insignif-
icant portion of its membership comprised of people under the age of
[eighteen] NINETEEN years that regularly receives dues and/or payments
from its members for the use of space, facilities and services.
§ 3. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb
of the public health law, as amended by chapter 13 of the laws of 2003,
are amended to read as follows:
(b) conventions and trade shows; provided that the distribution is
confined to designated areas generally accessible only to persons over
the age of [eighteen] NINETEEN;
(c) events sponsored by tobacco or herbal cigarette manufacturers
provided that the distribution is confined to designated areas generally
accessible only to persons over the age of [eighteen] NINETEEN;
(f) factories as defined in subdivision nine of section thirteen
hundred ninety-nine-aa of this article and construction sites; provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of [eighteen] NINETEEN.
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§ 4. Subdivision 4 of section 1399-bb of the public health law, as
amended by chapter 508 of the laws of 2000, is amended and a new subdi-
vision 5 is added 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] NINETEEN years of
age. Such identification need not be required of any individual who
reasonably appears to be at least [twenty-five] TWENTY-SIX 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 ciga-
rette to an individual UNDER NINETEEN YEARS OF AGE.
5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
§ 5. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, is amended to read as follows:
§ 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
ic cigarettes in vending machines. No person, firm, partnership, company
or corporation shall operate a vending machine which dispenses tobacco
products, herbal cigarettes or electronic cigarettes unless such machine
is located: (a) in a bar as defined in subdivision one of section thir-
teen hundred ninety-nine-n of this chapter, or the bar area of a food
service establishment with a valid, on-premises full liquor license; (b)
in a private club; (c) in a tobacco business as defined in subdivision
eight of section thirteen hundred ninety-nine-aa of this article; or (d)
in a place of employment which has an insignificant portion of its regu-
lar workforce comprised of people under the age of [eighteen] NINETEEN
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.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
§ 6. Subdivision 1 of section 1399-ff of the public health law, as
amended by chapter 448 of the laws of 2012, is amended and a new subdi-
vision 4 is added to read as follows:
1. Where a civil penalty for a particular incident has not been
imposed or an enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred nine-
ty-nine-ee of this article, a parent or guardian of a [minor] PERSON
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UNDER NINETEEN YEARS OF AGE to whom tobacco products, herbal cigarettes
or electronic cigarettes are sold or distributed in violation of this
article may submit a complaint to an enforcement officer setting forth
the name and address of the alleged violator, the date of the alleged
violation, the name and address of the complainant and the minor, and a
brief statement describing the alleged violation. The enforcement offi-
cer shall notify the alleged violator by certified or registered mail,
return receipt requested, that a complaint has been submitted, and shall
set a date, at least fifteen days after the mailing of such notice, for
a hearing on the complaint. Such notice shall contain the information
submitted by the complainant.
4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
§ 7. Paragraph (f) of subdivision 2 of section 1399-ii of the public
health law, as added by chapter 1 of the laws of 1999, is amended to
read as follows:
(f) Restriction of [youth] access to tobacco products BY PERSONS UNDER
NINETEEN YEARS OF AGE, HOWEVER NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO
ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER
RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR
AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE
IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH,
SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR
ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS PARAGRAPH;
§ 8. Subdivision 3 of section 260.21 of the penal law, as added by
chapter 362 of the laws of 1992, is amended to read as follows:
3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than [eighteen] NINETEEN years old, HOWEVER NOTHING IN THIS SECTION
SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR
VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES
STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT
PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR
ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER,
CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY.
NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL
LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.