STATE OF NEW YORK ________________________________________________________________________ 558 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 -- Multi-Sponsored by -- M. of A. ARROYO, NIOU -- 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: 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; 14 (c) events sponsored by tobacco or herbal cigarette manufacturers 15 provided that the distribution is confined to designated areas generally 16 accessible only to persons over the age of [eighteen] twenty-one; 17 (f) factories as defined in subdivision nine of section thirteen 18 hundred ninety-nine-aa of this article and construction sites; provided EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00518-01-9

A. 558 2 1 that the distribution is confined to designated areas generally accessi- 2 ble only to persons over the age of [eighteen] twenty-one. 3 § 3. Subdivision 4 of section 1399-bb of the public health law, as 4 amended by chapter 4 of the laws of 2018, is amended to read as follows: 5 4. No person engaged in the business of selling or otherwise distrib- 6 uting electronic cigarettes for commercial purposes, or any agent or 7 employee of such person, shall knowingly, in furtherance of such busi- 8 ness, distribute without charge any electronic cigarettes to any indi- 9 vidual under [eighteen] twenty-one years of age. 10 § 4. Subdivisions 2, 3 and 7 of section 1399-cc of the public health 11 law, as amended by chapter 542 of the laws of 2014, are amended to read 12 as follows: 13 2. Any person operating a place of business wherein tobacco products, 14 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are 15 sold or offered for sale is prohibited from selling such products, 16 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or 17 smoking paraphernalia to individuals under [eighteen] twenty-one years 18 of age, and shall post in a conspicuous place a sign upon which there 19 shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, 20 CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, 21 HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING 22 PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE 23 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a 24 white card in red letters at least one-half inch in height. 25 3. Sale of tobacco products, herbal cigarettes, liquid nicotine, 26 shisha or electronic cigarettes in such places, other than by a vending 27 machine, shall be made only to an individual who demonstrates, through 28 (a) a valid driver's license or non-driver's identification card issued 29 by the commissioner of motor vehicles, the federal government, any 30 United States territory, commonwealth or possession, the District of 31 Columbia, a state government within the United States or a provincial 32 government of the dominion of Canada, or (b) a valid passport issued by 33 the United States government or any other country, or (c) an identifica- 34 tion card issued by the armed forces of the United States, indicating 35 that the individual is at least [eighteen] twenty-one years of age. Such 36 identification need not be required of any individual who reasonably 37 appears to be at least twenty-five years of age, provided, however, that 38 such appearance shall not constitute a defense in any proceeding alleg- 39 ing the sale of a tobacco product, herbal cigarettes, liquid nicotine, 40 shisha or electronic cigarettes to an individual under [eighteen] twen- 41 ty-one years of age. 42 7. No person operating a place of business wherein tobacco products, 43 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 44 sold or offered for sale shall sell, permit to be sold, offer for sale 45 or display for sale any tobacco product, herbal cigarettes, liquid nico- 46 tine, shisha or electronic cigarettes in any manner, unless such 47 products and cigarettes are stored for sale (a) behind a counter in an 48 area accessible only to the personnel of such business, or (b) in a 49 locked container; provided, however, such restriction shall not apply to 50 tobacco businesses, as defined in subdivision eight of section thirteen 51 hundred ninety-nine-aa of this article, and to places to which admission 52 is restricted to persons [eighteen] twenty-one years of age or older. 53 § 5. Subdivision (d) of section 1399-dd of the public health law, as 54 amended by chapter 448 of the laws of 2012, is amended to read as 55 follows:

A. 558 3 1 (d) in a place of employment which has an insignificant portion of its 2 regular workforce comprised of people under the age of [eighteen] twen- 3 ty-one years and only in such locations that are not accessible to the 4 general public; provided, however, that in such locations the vending 5 machine is located in plain view and under the direct supervision and 6 control of the person in charge of the location or his or her designated 7 agent or employee. 8 § 6. Subdivision 1 of section 1399-ff of the public health law, as 9 amended by chapter 448 of the laws of 2012, is amended to read as 10 follows: 11 1. Where a civil penalty for a particular incident has not been 12 imposed or an enforcement action regarding an alleged violation for a 13 particular incident is not pending under section thirteen hundred nine- 14 ty-nine-ee of this article, a parent or guardian of a [minor] person 15 under twenty-one years of age to whom tobacco products, herbal ciga- 16 rettes or electronic cigarettes are sold or distributed in violation of 17 this article may submit a complaint to an enforcement officer setting 18 forth the name and address of the alleged violator, the date of the 19 alleged violation, the name and address of the complainant and the 20 [minor] person under twenty-one years of age, and a brief statement 21 describing the alleged violation. The enforcement officer shall notify 22 the alleged violator by certified or registered mail, return receipt 23 requested, that a complaint has been submitted, and shall set a date, at 24 least fifteen days after the mailing of such notice, for a hearing on 25 the complaint. Such notice shall contain the information submitted by 26 the complainant. 27 § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the 28 public health law, as added by chapter 518 of the laws of 2000, are 29 amended to read as follows: 30 (b) Any person operating a tobacco business wherein bidis is sold or 31 offered for sale is prohibited from selling such bidis to individuals 32 under [eighteen] twenty-one years of age, and shall post in a conspicu- 33 ous place a sign upon which there shall be imprinted the following 34 statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 35 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 36 card in red letters at least one-half inch in height. 37 (c) Sales of bidis by a tobacco business shall be made only to an 38 individual who demonstrates, through a driver's license or other photo- 39 graphic identification card issued by a government entity or educational 40 institution indicating that the individual is at least [eighteen] twen- 41 ty-one years of age. Such identification need not be required of any 42 individual who reasonably appears to be at least twenty-five years of 43 age, provided, however, that such appearance shall not constitute a 44 defense in any proceeding alleging the sale of a tobacco product to an 45 individual under [eighteen] twenty-one years of age. 46 § 8. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of 47 section 1399-mm of the public health law, as added by chapter 549 of the 48 laws of 2003, are amended to read as follows: 49 1. No person shall knowingly sell or provide gutka to any other person 50 under [eighteen] twenty-one years of age. No other provision of law 51 authorizing the sale of tobacco products, other than subdivision two of 52 this section, shall authorize the sale of gutka. Any person who 53 violates the provisions of this subdivision shall be subject to a civil 54 penalty of not more than five hundred dollars. 55 (b) Any person operating a tobacco business wherein gutka is sold or 56 offered for sale is prohibited from selling such gutka to individuals

A. 558 4 1 under [eighteen] twenty-one years of age, and shall post in a conspicu- 2 ous place a sign upon which there shall be imprinted the following 3 statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 4 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 5 card in red letters at least one-half inch in height. 6 (c) Sales of gutka by a tobacco business shall be made only to an 7 individual who demonstrates, through a driver's license or other photo- 8 graphic identification card issued by a government entity or educational 9 institution indicating that the individual is at least [eighteen] twen- 10 ty-one years of age. Such identification need not be required of any 11 individual who reasonably appears to be at least twenty-five years of 12 age, provided, however, that such appearance shall not constitute a 13 defense in any proceeding alleging the sale of a tobacco product to an 14 individual under [eighteen] twenty-one years of age. 15 § 9. Subdivision 3 of section 260.21 of the penal law, as added by 16 chapter 362 of the laws of 1992, is amended to read as follows: 17 3. He or she sells or causes to be sold tobacco in any form to a child 18 less than [eighteen] twenty-one years old. 19 § 10. Section 17-714 of the administrative code of the city of New 20 York, as amended by local law number 69 of the city of New York for the 21 year 2009, is amended to read as follows: 22 § 17-714 Sale of herbal cigarettes to minors prohibited. It shall be 23 unlawful for any person to sell or offer for sale herbal cigarettes to 24 an individual under [eighteen] twenty-one years of age. 25 § 11. This act shall take effect on the one hundred twentieth day 26 after it shall have become a law; provided, however that the amendments 27 made to section 17-714 of the administrative code of the city of New 28 York made by section ten of this act shall not affect the repeal of such 29 section and shall be deemed repealed therewith.