§ 1399-bb. Distribution of tobacco products, vapor products, or herbal
cigarettes without charge. 1. No retail dealer, or any agent or employee
of a retail dealer engaged in the business of selling or otherwise
distributing tobacco products, vapor products intended or reasonably
expected to be used with or for the consumption of nicotine, or herbal
cigarettes for commercial purposes, or any agent or employee of such
retail dealer, or any agent or employee of a retail dealer, shall
knowingly, in furtherance of such business:

(a) distribute without charge any tobacco products, vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine, or herbal cigarettes to any individual, provided that the
distribution of a package containing tobacco products, vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine, or herbal cigarettes in violation of this subdivision shall
constitute a single violation without regard to the number of items in
the package; or

(b) distribute price reduction instruments which are redeemable for
tobacco products, vapor products intended or reasonably expected to be
used with or for the consumption of nicotine, or herbal cigarettes to
any individual, provided that this subdivision shall not apply to
coupons contained in newspapers, magazines or other types of
publications, coupons obtained through the purchase of tobacco products,
vapor products intended or reasonably expected to be used with or for
the consumption of nicotine, or herbal cigarettes or obtained at
locations which sell tobacco products, vapor products intended or
reasonably expected to be used with or for the consumption of nicotine,
or herbal cigarettes provided that such distribution is confined to a
designated area or to coupons sent through the mail.

1-a. No retail dealer engaged in the business of selling or otherwise
distributing tobacco products, herbal cigarettes, or vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine for commercial purposes, or any agent or employee of such
retail dealer, shall knowingly, in furtherance of such business:

(a) honor or accept a price reduction instrument in any transaction
related to the sale of tobacco products, herbal cigarettes, or vapor
products intended or reasonably expected to be used with or for the
consumption of nicotine to a consumer;

(b) sell or offer for sale any tobacco products, herbal cigarettes, or
vapor products intended or reasonably expected to be used with or for
the consumption of nicotine to a consumer through any multi-package
discount or otherwise provide to a consumer any tobacco products, herbal
cigarettes, or vapor products intended or reasonably expected to be used
with or for the consumption of nicotine for less than the listed price
or non-discounted price in exchange for the purchase of any other
tobacco products, herbal cigarettes, or vapor products intended or
reasonably expected to be used with or for the consumption of nicotine
by such consumer;

(c) sell, offer for sale, or otherwise provide any product other than
a tobacco product, herbal cigarette, or vapor product intended or
reasonably expected to be used with or for the consumption of nicotine
to a consumer for less than the listed price or non-discounted price in
exchange for the purchase of a tobacco product, herbal cigarette, or
vapor product intended or reasonably expected to be used with or for the
consumption of nicotine by such consumer; or

(d) sell, offer for sale, or otherwise provide a tobacco product,
herbal cigarette, or vapor product intended or reasonably expected to be
used with or for the consumption of nicotine to a consumer for less than
the listed price or non-discounted price.

2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:

(a) private social functions when seating arrangements are under the
control of the sponsor of the function and not the owner, operator,
manager or person in charge of such indoor area;

(b) conventions and trade shows; provided that the distribution is
confined to designated areas generally accessible only to persons over
the age of twenty-one;

(c) events sponsored by tobacco, vapor product intended or reasonably
expected to be used with or for the consumption of nicotine, or herbal
cigarette manufacturers provided that the distribution is confined to
designated areas generally accessible only to persons over the age of
twenty-one;

(d) bars as defined in subdivision one of section thirteen hundred
ninety-nine-n of this chapter;

(e) tobacco businesses as defined in subdivision eight of section
thirteen hundred ninety-nine-aa of this article;

(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
accessible only to persons over the age of twenty-one.

3. No retail dealer shall distribute tobacco products, vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine, or herbal cigarettes at the locations set forth in
paragraphs (b), (c) and (f) of subdivision two of this section unless
such person gives five days written notice to the enforcement officer.

4. No retail dealer engaged in the business of selling or otherwise
distributing electronic cigarettes or vapor products intended or
reasonably expected to be used with or for the consumption of nicotine
for commercial purposes, or any agent or employee of such person, shall
knowingly, in furtherance of such business, distribute without charge
any electronic cigarettes to any individual under twenty-one years of
age.

5. The distribution of tobacco products, electronic cigarettes, vapor
products intended or reasonably expected to be used with or for the
consumption of nicotine, or herbal cigarettes pursuant to subdivision
two of this section or the distribution without charge of electronic
cigarettes, or vapor products intended or reasonably expected to be used
with or for the consumption of nicotine, shall be made only to an
individual who demonstrates, through (a) a driver's license or
non-driver 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, (b) a valid passport issued by the United States
government or the government of any other country, or (c) an
identification card issued by the armed forces of the United States,
indicating that the individual is at least 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, electronic cigarette, vapor
product intended or reasonably expected to be used with or for the
consumption of nicotine, or herbal cigarette or the distribution without
charge of electronic cigarettes, or vapor products intended or
reasonably expected to be used with or for the consumption of nicotine
to an individual.