As used in this article, the following terms shall have the
meanings indicated:
BIDIS
A product containing tobacco that is wrapped in temburni
leaf (diospyros melanoxylon) or tendra leaf (diospryos exculpra),
or any other product offered to consumers as "beedies" or "bidis."
HERBAL CIGARETTE
Any product made primarily of an herb or combination of herbs,
and intended to be smoked in any of the methods that tobacco is smoked,
including, but not limited to, as a cigarette, cigar or pipe filler.
PERSON
A person, firm, company, corporation, partnership, sole proprietor,
limited partnership or association.
TOBACCO BUSINESS
A sole proprietorship, corporation, limited-liability company,
partnership or other enterprise in which the primary activity is the
sale, manufacture or promotion of tobacco, tobacco products and accessories,
licensed by the State of New York to sell, either at wholesale or
retail, and in which the sale, manufacture or promotion of other products
is merely incidental.
TOBACCO PRODUCTS
One or more cigarettes or cigars, bidis, chewing tobacco,
powdered tobacco, blunt papers or wrappers, cigarette rolling papers
of any kind, pipes, or any other tobacco products.
[Amended 3-18-2014 by L.L. No. 11-2014]
A. Any person operating a place of business wherein tobacco products
or herbal cigarettes are sold or offered for sale is prohibited from
selling such products, herbal cigarettes, rolling papers or pipes
to individuals under 21 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,
OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR PIPES
TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED UNDER PENALTY OF LAW.
|
(1) Such sign shall be printed on a white card in red capital letters
at least 3/4 inch in height.
[Amended 2-15-2005 by L.L. No. 7-2005]
(2) Sale of tobacco products or herbal cigarettes in such places, other
than by a vending machine, shall be made only to an individual who
demonstrates, through a valid driver's license or nondriver'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 a valid passport issued by the United States government or any
other country, or an identification card issued by the Armed Forces
of the United States, that the individual is at least 21 years of
age. Such identification need not be required of any individual who
reasonably appears to be at least 27 years of age; provided, however,
that such appearance shall not constitute a defense in any proceeding
alleging the sale of a tobacco product or herbal cigarettes to an
individual under 21 years of age.
B. No person operating a place of business wherein tobacco products
or herbal cigarettes are sold or offered for sale shall sell, permit
to be sold, offer for sale or display for sale any tobacco product
or herbal cigarettes in any manner, unless such products and cigarettes
are stored for sale behind a counter in an area accessible only to
the personnel of such business, or in a locked container; provided,
however, such restriction shall not apply to tobacco businesses and
to places to which admission is restricted to persons 21 years of
age or older.
The Suffolk County Department of Health Services shall enforce
this article in accordance with the procedures set forth in §§ 760-208
through 760-215 of the Suffolk County Sanitary Code. The Suffolk County
Health Commissioner or his/her designee shall be authorized to serve
official notices of violation of this article.
This article shall apply to all sales of products prohibited
on or after the effective date of this article.