S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2833
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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;
   (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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00518-02-9
              

 S. 2833                             2
 
   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-
 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

 S. 2833                             3
 
 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
 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:

 S. 2833                             4
 
   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.