STATE OF NEW YORK ________________________________________________________________________ 558--A 2019-2020 Regular Sessions IN ASSEMBLY (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: 1 Section 1. Subdivision 4 of section 1399-aa of the public health law, 2 as added by chapter 799 of the laws of 1992, is amended to read as 3 follows: 4 4. "Private club" means an organization with no more than an insignif- 5 icant portion of its membership comprised of people under the age of 6 [eighteen] twenty-one years that regularly receives dues and/or payments 7 from its members for the use of space, facilities and services. 8 § 2. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb 9 of the public health law, as amended by chapter 13 of the laws of 2003, 10 are amended to read as follows: 11 (b) conventions and trade shows; provided that the distribution is 12 confined to designated areas generally accessible only to persons over 13 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 1 (c) events sponsored by tobacco or herbal cigarette manufacturers 2 provided that the distribution is confined to designated areas generally 3 accessible only to persons over the age of [eighteen] twenty-one; 4 (f) factories as defined in subdivision nine of section thirteen 5 hundred ninety-nine-aa of this article and construction sites; provided 6 that the distribution is confined to designated areas generally accessi- 7 ble only to persons over the age of [eighteen] twenty-one. 8 § 3. Subdivisions 4 and 5 of section 1399-bb of the public health law, 9 as amended by chapter 4 of the laws of 2018, are amended to read as 10 follows: 11 4. No person engaged in the business of selling or otherwise distrib- 12 uting electronic cigarettes for commercial purposes, or any agent or 13 employee of such person, shall knowingly, in furtherance of such busi- 14 ness, distribute without charge any electronic cigarettes to any indi- 15 vidual under [eighteen] twenty-one years of age. 16 5. The distribution of tobacco products or herbal cigarettes pursuant 17 to subdivision two of this section or the distribution without charge of 18 electronic cigarettes shall be made only to an individual who demon- 19 strates, through a driver's license or other photographic identification 20 card issued by a government entity or educational institution indicating 21 that the individual is at least [eighteen] twenty-one years of age. Such 22 identification need not be required of any individual who reasonably 23 appears to be at least twenty-five years of age; provided, however, that 24 such appearance shall not constitute a defense in any proceeding alleg- 25 ing the sale of a tobacco product, electronic cigarette or herbal ciga- 26 rette or the distribution without charge of electronic cigarettes to an 27 individual. 28 § 4. Subdivisions 2, 3 and 7 of section 1399-cc of the public health 29 law, as amended by chapter 542 of the laws of 2014, are amended to read 30 as follows: 31 2. Any person operating a place of business wherein tobacco products, 32 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are 33 sold or offered for sale is prohibited from selling such products, 34 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or 35 smoking paraphernalia to individuals under [eighteen] twenty-one years 36 of age, and shall post in a conspicuous place a sign upon which there 37 shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, 38 CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, 39 HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING 40 PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE 41 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a 42 white card in red letters at least one-half inch in height. 43 3. Sale of tobacco products, herbal cigarettes, liquid nicotine, 44 shisha or electronic cigarettes in such places, other than by a vending 45 machine, shall be made only to an individual who demonstrates, through 46 (a) a valid driver's license or non-driver's identification card issued 47 by the commissioner of motor vehicles, the federal government, any 48 United States territory, commonwealth or possession, the District of 49 Columbia, a state government within the United States or a provincial 50 government of the dominion of Canada, or (b) a valid passport issued by 51 the United States government or any other country, or (c) an identifica- 52 tion card issued by the armed forces of the United States, indicating 53 that the individual is at least [eighteen] twenty-one years of age. Such 54 identification need not be required of any individual who reasonably 55 appears to be at least twenty-five years of age, provided, however, that 56 such appearance shall not constitute a defense in any proceeding alleg-

A. 558--A 3 1 ing the sale of a tobacco product, herbal cigarettes, liquid nicotine, 2 shisha or electronic cigarettes to an individual under [eighteen] twen- 3 ty-one years of age. 4 7. No person operating a place of business wherein tobacco products, 5 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 6 sold or offered for sale shall sell, permit to be sold, offer for sale 7 or display for sale any tobacco product, herbal cigarettes, liquid nico- 8 tine, shisha or electronic cigarettes in any manner, unless such 9 products and cigarettes are stored for sale (a) behind a counter in an 10 area accessible only to the personnel of such business, or (b) in a 11 locked container; provided, however, such restriction shall not apply to 12 tobacco businesses, as defined in subdivision eight of section thirteen 13 hundred ninety-nine-aa of this article, and to places to which admission 14 is restricted to persons [eighteen] twenty-one years of age or older. 15 § 5. Subdivision (d) of section 1399-dd of the public health law, as 16 amended by chapter 448 of the laws of 2012, is amended to read as 17 follows: 18 (d) in a place of employment which has an insignificant portion of its 19 regular workforce comprised of people under the age of [eighteen] twen- 20 ty-one years and only in such locations that are not accessible to the 21 general public; provided, however, that in such locations the vending 22 machine is located in plain view and under the direct supervision and 23 control of the person in charge of the location or his or her designated 24 agent or employee. 25 § 6. Subdivision 1 of section 1399-ff of the public health law, as 26 amended by chapter 448 of the laws of 2012, is amended to read as 27 follows: 28 1. Where a civil penalty for a particular incident has not been 29 imposed or an enforcement action regarding an alleged violation for a 30 particular incident is not pending under section thirteen hundred nine- 31 ty-nine-ee of this article, a parent or guardian of a [minor] person 32 under twenty-one years of age to whom tobacco products, herbal ciga- 33 rettes or electronic cigarettes are sold or distributed in violation of 34 this article may submit a complaint to an enforcement officer setting 35 forth the name and address of the alleged violator, the date of the 36 alleged violation, the name and address of the complainant and the 37 [minor] person under twenty-one years of age, and a brief statement 38 describing the alleged violation. The enforcement officer shall notify 39 the alleged violator by certified or registered mail, return receipt 40 requested, that a complaint has been submitted, and shall set a date, at 41 least fifteen days after the mailing of such notice, for a hearing on 42 the complaint. Such notice shall contain the information submitted by 43 the complainant. 44 § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the 45 public health law, as added by chapter 518 of the laws of 2000, are 46 amended to read as follows: 47 (b) Any person operating a tobacco business wherein bidis is sold or 48 offered for sale is prohibited from selling such bidis to individuals 49 under [eighteen] twenty-one years of age, and shall post in a conspicu- 50 ous place a sign upon which there shall be imprinted the following 51 statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 52 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 53 card in red letters at least one-half inch in height. 54 (c) Sales of bidis by a tobacco business shall be made only to an 55 individual who demonstrates, through a driver's license or other photo- 56 graphic identification card issued by a government entity or educational

A. 558--A 4 1 institution indicating that the individual is at least [eighteen] twen- 2 ty-one years of age. Such identification need not be required of any 3 individual who reasonably appears to be at least twenty-five years of 4 age, provided, however, that such appearance shall not constitute a 5 defense in any proceeding alleging the sale of a tobacco product to an 6 individual under [eighteen] twenty-one years of age. 7 § 8. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of 8 section 1399-mm of the public health law, as added by chapter 549 of the 9 laws of 2003, are amended to read as follows: 10 1. No person shall knowingly sell or provide gutka to any other person 11 under [eighteen] twenty-one years of age. No other provision of law 12 authorizing the sale of tobacco products, other than subdivision two of 13 this section, shall authorize the sale of gutka. Any person who 14 violates the provisions of this subdivision shall be subject to a civil 15 penalty of not more than five hundred dollars. 16 (b) Any person operating a tobacco business wherein gutka is sold or 17 offered for sale is prohibited from selling such gutka to individuals 18 under [eighteen] twenty-one years of age, and shall post in a conspicu- 19 ous place a sign upon which there shall be imprinted the following 20 statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 21 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 22 card in red letters at least one-half inch in height. 23 (c) Sales of gutka by a tobacco business shall be made only to an 24 individual who demonstrates, through a driver's license or other photo- 25 graphic identification card issued by a government entity or educational 26 institution indicating that the individual is at least [eighteen] twen- 27 ty-one years of age. Such identification need not be required of any 28 individual who reasonably appears to be at least twenty-five years of 29 age, provided, however, that such appearance shall not constitute a 30 defense in any proceeding alleging the sale of a tobacco product to an 31 individual under [eighteen] twenty-one years of age. 32 § 9. Subdivision 3 of section 260.21 of the penal law, as added by 33 chapter 362 of the laws of 1992, is amended to read as follows: 34 3. He or she sells or causes to be sold tobacco in any form to a child 35 less than [eighteen] twenty-one years old. 36 § 10. This act shall take effect on the one hundred twentieth day 37 after it shall have become a law.