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

                                         7053

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 19, 2009
                                      ___________

       Introduced  by  M. of A. BALL -- read once and referred to the Committee
         on Health

       AN ACT to amend the public health law, in relation to  sale  of  tobacco
         products, herbal cigarettes, rolling papers or pipes to minors

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 1399-cc of the public  health  law  is  amended  by
    2  adding a new subdivision 8 to read as follows:
    3    8.  ANY AGENT OR EMPLOYEE OF A LICENSEE OR PERSON OPERATING A PLACE OF
    4  BUSINESS WHEREIN TOBACCO PRODUCTS OR  HERBAL  CIGARETTES  ARE  SOLD  WHO
    5  MAKES  THE  ACTUAL  SALE  OR PERFORMS A TRANSACTION IN VIOLATION OF THIS
    6  SECTION SHALL BE SUBJECT TO A FINE OF TWO HUNDRED FIFTY DOLLARS FOR  THE
    7  FIRST OFFENSE AND AN ADDITIONAL TWO HUNDRED FIFTY DOLLARS FOR EACH ADDI-
    8  TIONAL  OFFENSE.  THIS  SUBDIVISION  SHALL  NOT APPLY TO THE LICENSEE OR
    9  OWNER OR OPERATOR OF THE AFORESAID BUSINESS.
   10    S 2. This act shall take effect immediately, provided,  however,  that
   11  the  amendments  to  section  1399-cc  of  the public health law made by
   12  section one of this act shall not affect the expiration of such  section
   13  and shall be deemed to expire therewith.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10385-01-9