[Adopted 1-3-2005 by L.L. No. 5-2005 (Ch. 462, Art. I, of
the 1985 Code)]
A.
This Legislature hereby finds and determines that primary tobacco
use is a major cause of mortality and morbidity, directly causing
an estimated 434,000 deaths per year in the United States, more deaths
than are caused by the use of any other legal or illegal substance
or drug.
B.
This Legislature also finds and determines that every eight seconds
someone in the world dies due to tobacco.
C.
This Legislature further finds that over 80% of adult smokers began
smoking before the age of 18. Furthermore, tobacco companies make
$1,800,000,000 from underage sales.
D.
This Legislature determines that the effects of smoking generated
by the smoking of cigars, cigarettes, pipes, and similar articles
pose a threat to the health, safety and well-being of youth within
Suffolk County.
E.
This Legislature further finds that there were 123 violations of
law governing the sale of tobacco products to minors in Suffolk County
in 2003 and, to date, 72 violations in the County of Suffolk for the
sale of tobacco products to minors in 2004.
F.
This Legislature also finds and determines that Resolution No. 1214-2004,
which was enacted in order to prohibit the sale of tobacco products
to persons under the age of 19, contains several technical defects
that affect the County's existing smoking laws.
G.
Therefore, the purpose of this article is to repeal Resolution No.
1214-2004 and to enact a new local law that will promote the long-term
health of Suffolk residents and to strengthen Suffolk County tobacco
control programs by prohibiting the sale of tobacco products to persons
under the age of 21.
[Amended 3-18-2014 by L.L. No. 11-2014]
As used in this article, the following terms shall have the
meanings indicated:
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."
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.
A person, firm, company, corporation, partnership, sole proprietor,
limited partnership or association.
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.
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:
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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.
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(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.
A.
Any person who violates any provision of this article shall be subject
to the imposition of a civil penalty by the Commissioner of the Department
of Health Services of a minimum of $300, but not to exceed $1,000,
for a first violation, and a minimum of $500, but not to exceed $1,500,
for each subsequent violation.
B.
For purposes of enforcing the ban on the sale of any tobacco products and/or herbal cigarettes to minors, other than by a vending machine, a sale of any tobacco products and/or herbal cigarettes shall be made only to an individual who demonstrates that he/she is at least 21 years of age and has demonstrated such in accordance with the guidelines set forth hereinabove in § 792-3A(2). 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 any tobacco product and/or herbal cigarette to an individual under 21 years of age.
[Amended 3-18-2014 by L.L. No. 11-2014]
This article shall apply to all sales of products prohibited
on or after the effective date of this article.
