Assembly Bill A8243

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8243
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 6, 2023
                                ___________
 
 Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law,  in  relation  to  inspection  of
   retail premises authorized to sell tobacco and vapor products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of  section  1399-hh  of  the  public
 health law, as amended by section 8 of part EE of chapter 56 of the laws
 of 2020, is amended to read as follows:
   The  commissioner  shall  develop,  plan and implement a comprehensive
 program to reduce the prevalence of  tobacco  use,  and  vapor  product,
 intended  or  reasonably expected to be used with or for the consumption
 of nicotine, use particularly among persons less than  twenty-one  years
 of  age.  This program shall include, but not be limited to, support for
 enforcement of this article. AN ENFORCEMENT OFFICER, OR  THE  DEPARTMENT
 WHERE  NO  ENFORCEMENT OFFICER HAS BEEN DESIGNATED, SHALL CONDUCT RANDOM
 INSPECTIONS ON A QUARTERLY BASIS OF EACH RETAIL DEALER LICENSED TO  SELL
 CIGARETTES,  TOBACCO  PRODUCTS,    OR  VAPOR  PRODUCTS AT ESTABLISHMENTS
 LOCATED WITHIN THE JURISDICTION OF SUCH ENFORCEMENT OFFICER  OR  OFFICE,
 TO  DETERMINE  COMPLIANCE  WITH  THE  PROVISIONS OF THIS ARTICLE AND ANY
 OTHER LAWS, RULES OR REGULATIONS RELATING TO THE  SALE  OF  TOBACCO  AND
 VAPOR PRODUCTS.
   § 2. Subdivisions 2 and 3 of section 1399-ee of the public health law,
 subdivision  3 as amended by chapter 162 of the laws of 2002, and subdi-
 vision 2 and paragraphs (e) and (f)  of  subdivision  3  as  amended  by
 section  6  of part EE of chapter 56 of the laws of 2020, are amended to
 read as follows:
   2. If the enforcement  officer  determines  after  a  hearing  that  a
 violation  of  this article has occurred, he or she shall impose a civil
 penalty of a minimum of [three] SIX hundred dollars, but not  to  exceed
 [one] THREE thousand [five hundred] dollars for a first violation, and a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11080-02-3
              

 A. 8243                             2
 
 minimum  of  [one]  TWO  thousand  dollars, but not to exceed [two] FIVE
 thousand [five hundred] dollars for each subsequent violation, unless  a
 different penalty is otherwise provided in this article. The enforcement
 officer  shall  advise  the  retail dealer that upon the accumulation of
 three or more points pursuant to this section the department of taxation
 and finance shall suspend the dealer's registration. If the  enforcement
 officer  determines  after  a  hearing  that a retail dealer was selling
 tobacco products while their registration was suspended  or  permanently
 revoked pursuant to subdivision three or four of this section, he or she
 shall  impose  a  civil  penalty  of  [twenty-five hundred] TEN THOUSAND
 dollars.
   3. (a) Imposition of points. If the  enforcement  officer  determines,
 after  a  hearing,  that  the  retail dealer violated subdivision one of
 section thirteen hundred ninety-nine-cc of this article with respect  to
 a  prohibited  sale to a minor, he or she shall, in addition to imposing
 any other penalty required or permitted pursuant to this section, assign
 two points to the  retail  dealer's  record  where  the  individual  who
 committed  the violation did not hold a certificate of completion from a
 state certified tobacco sales training program and one point  where  the
 retail  dealer  demonstrates that the person who committed the violation
 held a certificate of completion from a state  certified  tobacco  sales
 training program.
   (b)  Revocation.  If the enforcement officer determines, after a hear-
 ing, that a retail dealer has violated this article four times within  a
 three year time frame he or she shall, in addition to imposing any other
 penalty  required  or permitted by this section, direct the commissioner
 of taxation and finance to revoke the  dealer's  registration  for  [one
 year] THREE YEARS.
   (c)  Duration  of  points. Points assigned to a retail dealer's record
 shall be assessed for a period of thirty-six  months  beginning  on  the
 first day of the month following the assignment of points.
   (d) Reinspection. Any retail dealer who is assigned points pursuant to
 paragraph  (a)  of  this  subdivision shall be reinspected at [least two
 times a] RANDOM ON A QUARTERLY BASIS EACH year by the enforcement  offi-
 cer until points assessed are removed from the retail dealer's record.
   (e)  Suspension. If the department determines that a retail dealer has
 accumulated three points  or  more,  the  department  shall  direct  the
 commissioner  of taxation and finance to suspend such dealer's registra-
 tion for one year. The three points serving as the basis for  a  suspen-
 sion shall be erased upon the completion of the one year penalty.
   (f)  Surcharge.  A  [two  hundred  fifty  dollar] FIVE HUNDRED DOLLARS
 surcharge to be assessed for every violation will be made  available  to
 enforcement  officers  and shall be used solely for compliance checks to
 be conducted to determine compliance with this section.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.