[Adopted 5-15-2018 by L.L. No. 1-2018]
A.
The Ulster County Legislature hereby finds and determines that Ulster
County has a substantial interest in preventing children and adolescents
from becoming addicted adult smokers, and in avoiding the associated
serious health consequences and healthcare costs, by increasing the
minimum age for the purchase of tobacco products from 18 to 21.
B.
In pursuing this article, the Ulster County Legislature is responding
to findings by the Institute of Medicine that:
(1)
Adolescent brains are uniquely vulnerable to the effects of nicotine;
(2)
A younger age of initiation is strongly associated with greater nicotine
dependence and is also associated with greater intensity and persistence
of smoking beyond adolescence and into adulthood;
(3)
Almost one in three high school seniors in Ulster County report having
tried cigarettes;
(4)
Underage users rely primarily on social sources to acquire tobacco
and most of those sources are likely to be between 18 and 21 years
old;
(5)
Raising the minimum legal age to 21 will mean that those who can
legally obtain tobacco are less likely to be in the same social networks
as high school students;
(6)
Raising the minimum legal age will likely immediately improve the
health of adolescents and young adults by reducing the number of those
with adverse physiological effects.
As used in this article, the following terms shall have the
meanings indicated:
Any police officer, county health inspector or other employee
of the County of Ulster authorized to enforce this article.
Any cigarette-like product not containing tobacco, but designed
to simulate traditional cigarette smoking through the burning of various
herbs.
Any pipe, water pipe, hookah, rolling papers, electronic
aerosol delivery system or any other device, equipment or apparatus
designed for the consumption or inhalation of tobacco products.
Any product made or derived from tobacco, or which contains
nicotine marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption. Tobacco products
include, but are not limited to, cigarettes, cigars, pipe tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable
tobacco products and electronic cigarette cartridges. If the names
of any product, either made or derived from tobacco, changes or deviates
from those listed above, they shall continue to be included in this
definition and are subject to the restrictions of this article.
Any person who sells or offers for sale any tobacco product,
or any employee of such a person.
A.
No person shall sell or permit the sale of tobacco products, herbal
cigarettes, or smoking paraphernalia to any person under the age of
21, anywhere in Ulster County, New York.
B.
A tobacco product retailer shall require an individual purchasing
tobacco products to demonstrate his or her age, through (a) 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, (b) a valid passport issued
by the United States government or any other country, or (c) an identification
card issued by the Armed Forces of the United States, indicating 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 30 years of age; provided, however, that such appearance shall
not constitute a defense in any proceeding alleging the sale of a
tobacco product, herbal cigarettes, liquid nicotine, shisha or electronic
cigarettes to an individual under 21 years of age.
A.
No person shall sell or permit the sale of tobacco products, herbal
cigarettes, or smoking paraphernalia in Ulster County, New York, unless
a notice is posted in a conspicuous place at the location where such
age-restricted products and items are sold.
B.
The sign shall provide notice, which shall state: "SALE OF CIGARETTES,
CIGARS, PIPE TOBACCO, SNUFF, CHEWING TOBACCO, DIPPING TOBACCO, BIDIS,
SNUS, DISSOLVABLE TOBACCO PRODUCTS, ELECTRONIC CIGARETTE CARTRIDGES,
OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, AND SMOKING PARAPHERNALIA
TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LOCAL LAW."
C.
Such sign shall be printed on a white card in red letters at least
1/2 inch in height. Signs shall be protected from tapering, damage,
removal, or concealment.
The Ulster County Department of Health shall create appropriate
training materials and programs that shall be made available to any
existing tobacco retailer.
A.
The enforcement officer is charged with ensuring compliance with
this article.
B.
The enforcement officer shall be authorized to serve official notices
of violation of this article.
C.
For violations of this article:
(1)
The enforcement officer may issue and serve upon the person complained
against written hearing notice, together with the complaint. Service
of such notice shall be deemed complete upon personal delivery or,
if delivered by certified first-class mail, after five days;
(2)
The complaint shall specify the provision(s) of this article of which
such person is alleged to have violated and shall require the person
so complained against to answer the charges of such complaint at a
public hearing before the Ulster County Commissioner of Health or
the Public Health Director, or his or her designee, at a specified
location, date, and time;
(3)
Notwithstanding the above, the Ulster County Commissioner of Health
or the Public Health Director or his or her designee may, in his or
her discretion, offer a proposed stipulation to the person complained
against, in which case the person complained against will have the
option of executing the proposed stipulation within the time frame
specified, or proceeding with a formal hearing;
(4)
When the Ulster County Commissioner of Health or the Public Health
Director or his or her designee determines, after a hearing, that
a violation of this article has occurred, a civil penalty may be imposed
by the hearing officer;
(5)
Nothing contained herein shall be construed as prohibiting the County
Attorney or his or her designee from commencing a proceeding for injunctive
relief to compel compliance with this article;
(6)
Any person who desires to register a complaint under this article
may do so through the enforcement officer;
(7)
The decision of the Ulster County Commissioner of Health or the Public
Health Director or his or her designee shall be reviewable pursuant
to Article 78 of the Civil Practice Law and Rules; and
D.
The Ulster County Department of Health shall conduct random spot
checks to determine compliance with this article. Such spot checks
shall cover at least 1/4 of the tobacco product retailers in Ulster
County each year.
E.
On or before March 1 of every year, the Ulster County Commissioner
of Health or the Public Health Director shall make a report to the
Ulster County Legislature and the County Executive providing the number
of violations served pursuant to this article in the immediately preceding
calendar year, the dispositions, and any other pertinent information.
A.
Any person who violates any provision of this article shall be subject
to the imposition of a civil penalty by the Ulster County Commissioner
of Health or the Public Health Director 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 tobacco products,
herbal cigarettes, and smoking paraphernalia to minors, other than
by vending machine, a sale 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. Such
identification shall not be required of any individual who reasonably
appears to be at least 30 years of age; provided, however, that such
appearance shall not be a defense in any action alleging the sale
to an individual under 21 years of age.
C.
Violations of this article shall be separate from and, where applicable,
in addition to a violation of the New York State Adolescent Tobacco
Use Prevention Act (ATUPA).
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order of judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or its application to the person, individual, corporation, firm, partnership,
entity, or circumstance directly involved in the controversy in which
such order of judgment shall be rendered.
This article shall take effect January 1, 2019.
