STATE OF NEW YORK
________________________________________________________________________
6643
2015-2016 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 4 of section 1399-bb of the public health law,
2 as amended by chapter 508 of the laws of 2000, is amended to read as
3 follows:
4 4. The distribution of tobacco products or herbal cigarettes pursuant
5 to subdivision two of this section shall be made only to an individual
6 who demonstrates, through a driver's license or other photographic iden-
7 tification card issued by a government entity or educational institution
8 indicating that the individual is at least [eighteen] twenty-one years
9 of age. Such identification need not be required of any individual who
10 reasonably appears to be at least twenty-five years of age; provided,
11 however, that such appearance shall not constitute a defense in any
12 proceeding alleging the sale of a tobacco product or herbal cigarette to
13 an individual.
14 § 2. Subdivisions 2, 3 and 7 of section 1399-cc of the public health
15 law, as amended by chapter 542 of the laws of 2014, are amended to read
16 as follows:
17 2. Any person operating a place of business wherein tobacco products,
18 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
19 sold or offered for sale is prohibited from selling such products,
20 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or
21 smoking paraphernalia to individuals under [eighteen] twenty-one years
22 of age, and shall post in a conspicuous place a sign upon which there
23 shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
24 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
1 HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING
2 PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE
3 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a
4 white card in red letters at least one-half inch in height.
5 3. Sale of tobacco products, herbal cigarettes, liquid nicotine,
6 shisha or electronic cigarettes in such places, other than by a vending
7 machine, shall be made only to an individual who demonstrates, through
8 (a) a valid driver's license or non-driver's identification card issued
9 by the commissioner of motor vehicles, the federal government, any
10 United States territory, commonwealth or possession, the District of
11 Columbia, a state government within the United States or a provincial
12 government of the dominion of Canada, or (b) a valid passport issued by
13 the United States government or any other country, or (c) an identifica-
14 tion card issued by the armed forces of the United States, indicating
15 that the individual is at least [eighteen] twenty-one years of age. Such
16 identification need not be required of any individual who reasonably
17 appears to be at least twenty-five years of age, provided, however, that
18 such appearance shall not constitute a defense in any proceeding alleg-
19 ing the sale of a tobacco product, herbal cigarettes, liquid nicotine,
20 shisha or electronic cigarettes to an individual under [eighteen] twen-
21 ty-one years of age.
22 7. No person operating a place of business wherein tobacco products,
23 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are
24 sold or offered for sale shall sell, permit to be sold, offer for sale
25 or display for sale any tobacco product, herbal cigarettes, liquid nico-
26 tine, shisha or electronic cigarettes in any manner, unless such
27 products and cigarettes are stored for sale (a) behind a counter in an
28 area accessible only to the personnel of such business, or (b) in a
29 locked container; provided, however, such restriction shall not apply to
30 tobacco businesses, as defined in subdivision eight of section thirteen
31 hundred ninety-nine-aa of this article, and to places to which admission
32 is restricted to persons [eighteen] twenty-one years of age or older.
33 § 3. Subdivision (d) of section 1399-dd of the public health law, as
34 amended by chapter 448 of the laws of 2012, is amended to read as
35 follows:
36 (d) in a place of employment which has an insignificant portion of its
37 regular workforce comprised of people under the age of [eighteen] twen-
38 ty-one years and only in such locations that are not accessible to the
39 general public; provided, however, that in such locations the vending
40 machine is located in plain view and under the direct supervision and
41 control of the person in charge of the location or his or her designated
42 agent or employee.
43 § 4. Section 17-714 of the administrative code of the city of New
44 York, as amended by local law number 69 of the city of New York for the
45 year 2009, is amended to read as follows:
46 § 17-714 Sale of herbal cigarettes to minors prohibited. It shall be
47 unlawful for any person to sell or offer for sale herbal cigarettes to
48 an individual under [eighteen] twenty-one years of age.
49 § 5. This act shall take effect on the ninetieth day after it shall
50 have become a law.
