[HISTORY: Adopted by the City Council of
the City of Glen Cove 5-23-2000 by L.L. No. 1-2000; amended in its entirety 5-13-2014 by L.L. No. 1-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Signs — See Ch. 228.
For the purposes of this chapter, the following
terms shall be defined as follows:
Any child-care arrangement, public, private or parochial
child-care center, school-age child-care program, day nursery school,
kindergarten, play school or other similar school or service operating
pursuant to authorization, license or permit of the State of New York,
County of Nassau or City of Glen Cove; any facility that provides
child-care services as defined in § 410-p of the New York
State Social Services Law; or any child day-care center as defined
in § 390 of the New York State Social Services Law. The
definition of "child day-care center" applies whether or not care
is given for compensation, but does not include child day-care centers
located in private dwellings and multiple-dwelling units.
Any product which consists of:
Any roll of tobacco wrapped in paper or in any
substance not containing tobacco; or
Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filter or its packaging and labeling, is offered for use or purchase by consumers as a cigarette described in Subsection A of this definition.
Any product that consists of loose tobacco and is intended
for use by consumers in a cigarette.
Any building or structure that may lawfully be occupied as
the residence or home of three or more families living independently
of each other.
Any product containing the chemical substance named 3-(1-Methyl-2-pyrrolidinyl)
pyridine or C[10]H[14]N[2], including any salt or complex of nicotine,
including, but not limited to, the product marketed as "electronic
cigarette" or "e-cigarette." For purposes of this chapter only, the
term "nicotine product" shall not include nicotine patches or gum
that are sold with or without a prescription for the purpose of eliminating
a dependence upon or addiction to nicotine.
Any natural person, partnership, copartnership, firm, company,
corporation, limited-liability corporation, agency, association, joint-stock
association or other legal entity.
Any outdoor premises or grounds owned or lawfully operated
by or on behalf of the City, the City school district or any public,
private or parochial school, any child day-care center or any youth
center, which contains any device, structure or implement, fixed or
portable, used or intended to be used by persons under the age of
18 for recreational or athletic purposes, including, but not limited
to, play equipment such as a sliding board, swing, jungle gym, sandbox,
climbing bar, wading pool, obstacle course, swimming pool, seesaw,
baseball diamond, athletic field, ice skating rink or basketball court.
Any building or structure or portion thereof that may lawfully
be occupied for residential purposes by not more than two families,
including the grounds of such building or structure.
Any building or structure, or any portion thereof, owned,
occupied by or under the custody or control of any public, private
or parochial institution and lawfully used for the primary purpose
of providing educational instruction to students at or below the twelfth-grade
level.
Any product that consists of cut, ground, powdered or leaf
tobacco that is intended to be placed by the consumer in an oral cavity.
A cigarette, cigar, smokeless tobacco or cigarette tobacco.
Any written word, picture, logo, symbol, motto, selling message,
poster, placard, sign, photograph, device, graphic display or visual
image of any kind, recognizable color or pattern of colors, or any
other indicia of product identification identical or similar to or
identifiable with those used for any brand of tobacco product, or
any combination thereof, the purpose or effect of which is to promote
the use or sale of a tobacco product through such means as, but not
limited to, the identification of a brand of a tobacco product, a
trademark of a tobacco product or a trade name associated exclusively
with a tobacco product.
Any item or service marketed, licensed, sold or distributed,
whether indoors or outdoors, which is not a tobacco product but which
bears the brand of a tobacco product, a trademark of a tobacco product
or a trade name associated exclusively with a tobacco product, alone
or in conjunction with any written word, picture, logo, symbol, motto,
selling message, poster, placard, sign, photograph, device, graphic
display or visual image of any kind, recognizable color or pattern
of colors, or any other indicia or product identification identical
or similar to, or identifiable with, those used for any brand of tobacco
product; or any gift or item, other than a tobacco product, offered
or caused to be offered to any person purchasing a tobacco product
in consideration of the purchase thereof, or to any person in consideration
of furnishing evidence, such as credits, proofs-of-purchase or coupons,
of such purchase; provided, however, that a tobacco product promotion
shall not include any gift or item provided through the exchange or
redemption through the mail of any such credits, proofs-of-purchase,
coupons or other evidence of the purchase of a tobacco product.
Any building or structure or portion thereof lawfully occupied
by any person for the primary purpose of operating an indoor recreational
center (including recreational, cultural, physical fitness or sports
programs) for persons under the age of 18 years and which has been
certified as such by the City of Glen Cove, County of Nassau or State
of New York.
A.
It shall be unlawful for any person to place, cause
to be placed, to maintain or cause to be maintained an advertisement
of any tobacco product or nicotine product within 1,000 feet, in any
direction, of any school building, playground, child day-care center
or youth center, in any outdoor area, including, but not limited to,
billboards, roofs and sides of buildings, rolling shutters or gates,
any enclosures into which rolling shutters or gates retract, water
tanks and towers and freestanding signboards; provided, however, that
any tobacco product advertisement on an awning projecting from the
outside of a premises where tobacco products are sold or offered for
sale may be retained until six months from the effective date of this
chapter.
B.
It shall be unlawful for any person to place, cause
to be placed, to maintain or cause to be maintained an advertisement
of any tobacco product or nicotine product in the interior of a building
or structure which is within 1,000 feet, in any direction, of any
school building, playground, child day-care center or youth center,
when such advertisement is within five feet of any exterior window
or any door which is used for entry or egress by the public to the
building or structure; provided, however, that tobacco product advertisements
may be placed or maintained in the interior of any such premises where
such advertisements are parallel to the street and face inward or
affixed to a wall panel or similar fixture that is perpendicular to
the street, regardless of whether such advertisements are illuminated
or not illuminated.
C.
Nothing in this chapter shall prevent a person from
placing, causing to be placed, maintaining, or causing to be maintained,
a single sign, poster, placard or label no larger than six square
feet and containing only black text, in any language, not exceeding
eight inches in height on a white background stating "TOBACCO PRODUCTS
SOLD HERE" or "E-CIGARETTES SOLD HERE" or such words translated into
any language, within 10 feet of an entrance to the premises where
tobacco products are sold or offered for sale.
D.
Nothing in this chapter shall prevent a tobacco product
or nicotine product manufacturer, distributor or retailer from placing,
causing to be placed, maintaining or causing to be maintained its
corporate or other business name on a building or structure, in any
location, where such building or structure or portion thereof is owned,
operated or leased by such manufacturer, distributor or retailer and
that building or structure is the principal place of business of such
manufacturer, distributor or retailer in the City; provided, however,
that the corporate or other business name of such manufacturer, distributor
or retailer is registered or filed in the United States or such manufacturer,
distributor or retailer is authorized to do business in any state,
and the corporate or business name of such manufacturer, distributor
or retailer does not include any brand name or trademark of a tobacco
product or nicotine product, alone or in conjunction with any written
word, picture, logo, symbol, motto, selling message, poster, placard,
sign, photograph, device, graphic display or visual image of any kind,
recognizable color or pattern of colors, or any other indicia of product
identification identical or similar to, or identifiable with, those
used for any brand of a tobacco product or nicotine product.
E.
Nothing in this section shall be construed to authorize
the placement of a tobacco product advertisement or nicotine product
advertisement in a location where such placement is otherwise prohibited
by the rules, ordinances or laws of the City of Glen Cove, County
of Nassau or State of New York.
The person, owner, operator or lessee of any location or premises where a tobacco product advertisement and nicotine product advertisement is prohibited or restricted pursuant to the requirement of this chapter shall have 30 days from the effective date of this chapter, as amended, to remove any noncompliant tobacco product advertisements and nicotine product advertisements, except as set forth in § 257-2A hereof.
A.
It shall be unlawful for an owner, lessee, manager or employee of an establishment where tobacco products or nicotine products are sold or given away to sell, provide, supply or give such tobacco products and/or nicotine products to a person younger than 19 years of age or for any person to offer or cause to be offered a tobacco product promotion or nicotine product promotion, as defined in § 257-1 of this Code, to any person younger than 19 years of age.
B.
It shall be unlawful for a person 19 years of age
or older to sell, provide, supply or give a tobacco product or nicotine
product to a person younger than 19 years of age.
C.
Any person selling, providing, supplying, offering
or causing to be offered a tobacco product or a tobacco product promotion
or a nicotine product or nicotine product promotion shall verify,
through a driver’s license or other photographic identification
card issued by a government entity or educational institution, that
a person to whom a tobacco product or a tobacco product promotion
or nicotine product or nicotine product promotion has been offered
is at least 19 years of age. Such identification need not be required
of any individual who reasonably appears to be at least 25 years of
age; provided, however, that such appearance shall not constitute
a defense in any proceeding alleging the offering of a tobacco product
or a tobacco product promotion to an individual under 19 years of
age.
Nothing in this chapter shall prevent a tobacco
product or nicotine product manufacturer, distributor or retailer
who sponsors, in whole or in part, any athletic, musical, artistic
or cultural event, or team or entry in a competition or exhibition
in any location, from displaying or causing to be displayed the corporate
or other business name of such sponsor; provided, however, that the
corporate or other business name of such sponsor is registered or
filed in the United States or such sponsor is authorized to do business
in any state, and the corporate or other business name of such sponsor
does not include any brand name or trademark of a tobacco product
or nicotine product, alone or in conjunction with any written word,
picture, logo, symbol, motto, selling message, poster, placard, sign,
photograph, device, graphic display or visual image of any kind, recognizable
color or pattern of colors, or any other indicia or product identification
identical or similar to, or identifiable with, those used for any
brand of a tobacco product or nicotine product.
The requirements established by this chapter
shall be administered and enforced jointly by the Police Department,
Building Department and such other employees and/or officials authorized
by the City Council from time to time. Violation of any provision
of this chapter shall be cause for a ticket/information to be issued.
Any person who violates any provision of this
chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be subject to penalties in the following manner:
A.
Upon a first conviction, by a fine not less than $100
and not more than $250 or by imprisonment for a period not to exceed
seven days, or by both such fine and imprisonment.
B.
Upon a second conviction, by a fine not less than
$250 and not more than $1,000 or by imprisonment for a period not
to exceed 10 days, or by both such fine and imprisonment.
C.
Upon a third conviction, by a fine not less than $500
and not more than $3,000 or by imprisonment for a period not to exceed
15 days, or by both such fine and imprisonment.
D.
If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and
distinct offense.
