S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  558--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, MOSLEY, JAFFEE, GALEF,
   THIELE, FINCH, RIVERA, SIMON, ORTIZ, VANEL, DICKENS,  D'URSO,  LAVINE,
   SEAWRIGHT,  DE LA ROSA, CRESPO, BICHOTTE, GLICK, LIFTON, FAHY, WEPRIN,
   ZEBROWSKI, TAYLOR, PERRY, ABINANTI, PAULIN, COOK, GOTTFRIED,  EPSTEIN,
   BUTTENSCHON, MONTESANO, JACOBSON, SMULLEN, SAYEGH, ROMEO, REYES, FALL,
   RODRIGUEZ,  B. MILLER,  GRIFFIN  --  Multi-Sponsored  by  --  M. of A.
   ARROYO, DeSTEFANO, M. L. MILLER, NIOU -- read once and referred to the
   Committee on Health -- reported and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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
   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.
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00518-04-9
              

 A. 558--A                           2
 
   (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.
   § 3. Subdivisions 4 and 5 of section 1399-bb of the public health law,
 as  amended  by  chapter  4  of the laws of 2018, are amended to read as
 follows:
   4. No person engaged in the business of selling or otherwise  distrib-
 uting  electronic  cigarettes  for  commercial purposes, or any agent or
 employee of such person, shall knowingly, in furtherance of  such  busi-
 ness,  distribute  without charge any electronic cigarettes to any indi-
 vidual under [eighteen] TWENTY-ONE years of age.
   5. The distribution of tobacco products or herbal cigarettes  pursuant
 to subdivision two of this section or the distribution without charge of
 electronic  cigarettes  shall  be  made only to an individual who demon-
 strates, through a driver's license or other photographic identification
 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 alleg-
 ing the sale of a tobacco product, electronic cigarette or herbal  ciga-
 rette  or the distribution without charge of electronic cigarettes to an
 individual.
   § 4. 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 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] TWENTY-ONE years
 of age, 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] 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, 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
 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] 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 alleg-

 A. 558--A                           3
 
 ing the sale of a tobacco product, herbal cigarettes,  liquid  nicotine,
 shisha  or electronic cigarettes to an individual under [eighteen] TWEN-
 TY-ONE 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] TWENTY-ONE years of age or older.
   § 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:
   (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.
   § 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.
   § 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

 A. 558--A                           4
 
 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.
   §  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
 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.
   §  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.
   § 10. This act shall take effect on  the  one  hundred  twentieth  day
 after it shall have become a law.