S T A T E   O F   N E W   Y O R K
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                                  7105

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

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

AN ACT to amend the public health law, the penal law and the administra-
  tive code of the city of New  York,  in  relation  to  increasing  the
  purchasing age for tobacco products from eighteen to twenty-one

  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-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] TWENTY-ONE years that regularly receives dues and/or payments
from its members for the use of space, facilities and services.
  S 2. 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] TWENTY-ONE;
  (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] TWENTY-ONE;
  (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] TWENTY-ONE.
  S  3.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10633-02-3

              

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  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  4.  Subdivisions 2, 3 and 7 of section 1399-cc of the public health
law, as amended by chapter 448 of the laws of 2012, are amended to  read
as follows:
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, shisha or electronic cigarettes, are sold or  offered
for  sale  is  prohibited from selling such products, herbal cigarettes,
shisha, electronic cigarettes or smoking  paraphernalia  to  individuals
under  [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which  there  shall  be  imprinted  the  following
statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC-
CO,  SHISHA  OR  OTHER  TOBACCO  PRODUCTS, HERBAL CIGARETTES, 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, 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 driv-
er's license or non-driver's identification card issued by  the  commis-
sioner  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 identification 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 alleging the sale of a tobac-
co  product,  herbal  cigarettes,  shisha or electronic cigarettes to an
individual under eighteen years of age.
  7. No person operating a place of business wherein  tobacco  products,
herbal  cigarettes,  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, shisha or electronic ciga-
rettes 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 subdi-
vision 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  5.  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:

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  (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 6. Subdivision 1 of section 1399-ff of the  public  health  law,  as
amended  by  chapter  448  of  the  laws  of 2012, is amended 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
UNDER TWENTY-ONE YEARS OF AGE to whom  tobacco  products,  herbal  ciga-
rettes  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]  PERSON  UNDER  TWENTY-ONE  YEARS  OF AGE, and a brief statement
describing the alleged violation. The enforcement officer  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.
  S 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
public health law, as added by chapter 518 of  the  laws  of  2000,  are
amended to read as follows:
  (b)  Any  person operating a tobacco business wherein bidis is sold or
offered for sale is prohibited from selling such  bidis  to  individuals
under  [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which  there  shall  be  imprinted  the  following
statement,  "SALE  OF BIDIS 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.
  (c)  Sales  of  bidis  by  a tobacco business shall be made only to an
individual who demonstrates, through a driver's license or other  photo-
graphic identification card issued by a government entity or educational
institution  indicating that the individual is at least [eighteen] TWEN-
TY-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 to an
individual under [eighteen] TWENTY-ONE years of age.
  S 8. Subdivision 1 and paragraphs (b) and  (c)  of  subdivision  2  of
section 1399-mm of the public health law, as added by chapter 549 of the
laws of 2003, are amended to read as follows:
  1. No person shall knowingly sell or provide gutka to any other person
under  [eighteen]  TWENTY-ONE  years  of  age. No other provision of law
authorizing the sale of tobacco products, other than subdivision two  of
this  section,  shall  authorize  the  sale  of  gutka.   Any person who
violates the provisions of this subdivision shall be subject to a  civil
penalty of not more than five hundred dollars.
  (b)  Any  person operating a tobacco business wherein gutka is sold or
offered for sale is prohibited from selling such  gutka  to  individuals

A. 7105                             4

under  [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which  there  shall  be  imprinted  the  following
statement,  "SALE  OF GUTKA 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.
  (c) Sales of gutka by a tobacco business shall  be  made  only  to  an
individual  who demonstrates, through a driver's license or other photo-
graphic identification card issued by a government entity or educational
institution indicating that the individual is at least [eighteen]  TWEN-
TY-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  to  an
individual under [eighteen] TWENTY-ONE years of age.
  S  9.  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] TWENTY-ONE years old.
  S 10. Section 17-706 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 17-706 Sale of tobacco products to  minors  prohibited.  Any  person
operating  a  place  of  business  wherein  tobacco products are sold or
offered for sale must be licensed as required by section 17-703 of  this
[code]  SUBCHAPTER and is prohibited from selling such products to indi-
viduals under [eighteen] TWENTY-ONE years of age, and shall  post  in  a
conspicuous place a sign upon which there shall be imprinted the follow-
ing  statement,  "SALE  OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED
TOBACCO, OR OTHER TOBACCO PRODUCTS, ROLLING PAPER OR PIPES,  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. Sale of tobacco products in such places, other than by a
vending  machine,  shall be made only to an individual who demonstrates,
through a driver's license or  other  photographic  identification  card
issued by a government entity or educational institution, that the indi-
vidual  is at least [eighteen] TWENTY-ONE 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 to an individual under [eighteen] TWENTY-ONE  years
of age.
  S  11.  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  12.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law.