[HISTORY: Adopted by the Cayuga County Legislature 9-24-2013 by L.L. No. 5-2013. Amendments noted where applicable.]
A.
Tobacco use is the foremost preventable cause of premature death
in the United States, causing over 400,000 deaths in the United States
each year; and tobacco companies sell products that are addictive
and inherently dangerous, causing cancer, heart disease, and other
serious illnesses; and the County of Cayuga has a substantial interest
in reducing the number of individuals of all ages who use cigarettes
and other tobacco products, and a particular interest in protecting
adolescents from tobacco dependence and the illnesses and premature
death associated with tobacco use; and an overwhelming majority of
Americans who use tobacco products begin using such products while
they are adolescents and become addicted to those products before
reaching the age of 18.
B.
Cayuga County has a substantial and important interest in reducing
the illegal sale of tobacco products to minors.
C.
Although it is unlawful to sell tobacco products to minors, 8.3%
of New York retailers surveyed do sell to minors (New York State Department
of Health, 2008 Youth Access Tobacco Enforcement Program Annual Report);
and 20% of underage smokers in New York report that they usually purchase
their cigarettes from a retail store (New York Youth Tobacco Survey
2008).
E.
Studies have found a higher prevalence of current smoking at schools
with more tobacco outlets within walking distance, and researchers
suggest that limiting the proximity of tobacco outlets to schools
may be an effective strategy to reduce youth smoking rates.
F.
Licensing laws in other communities have been effective in reducing
the number of illegal tobacco sales to minors.
As used in this chapter, the following terms shall have the
meanings indicated:
A hearing by the Cayuga County Board of Health as allowed
by PHL § 309 and according to regulations adopted by the
Cayuga County Board of Health.
An individual, partnership, limited liability company, corporation,
or other business entity seeking a tobacco retail license.
The Department of Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The minimum age at which individuals are permitted to legally
purchase tobacco products.
Any tobacco retail license that is not a renewed tobacco
retail license.
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
A tobacco retail license issued to an applicant for the same
location at which the applicant possessed a valid tobacco retail license
during the previous year.
A public or private kindergarten, elementary, middle, junior
high, or high school.
Any manufactured product containing tobacco or nicotine,
including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powdered and/or
dissolvable tobacco products, and electronic cigarette cartridges,
whether packaged or not; any packaging that indicates it might contain
any substance containing tobacco or nicotine.
A license issued by the Department to a person to engage
in the retail sale of tobacco products in Cayuga County.
A.
Starting January 1, 2014, no person shall sell, offer for sale, or
permit the sale of tobacco products to consumers in Cayuga County
without a valid tobacco retail license issued by the Department. A
tobacco retail license is not required for a wholesale dealer who
sells tobacco products to retail dealers for the purpose of resale
only and does not sell any tobacco products directly to consumers.
B.
All tobacco retail licenses issued pursuant to this section are nontransferable
and nonassignable and are valid only for the applicant and the specific
address indicated on the tobacco retail license with the following
exceptions:
(1)
A valid and current tobacco retail license may be transferred from
a location where an applicant holds a valid and current tobacco retail
license within 100 feet of the nearest point of the property line
of a school to a new location as long as the new location complies
with this chapter.
(2)
A valid and current tobacco retail license may be transferred from
an existing applicant who owns a business with a valid tobacco retail
license to a new applicant who purchases this business, when operations
of the business are staying at the same location and within the same
scope.
C.
All tobacco retail licenses issued pursuant to this section are valid
for no more than two years and expire on January 1 following the effective
date of the tobacco retail license.
D.
Applications for a new tobacco retail license shall be made on a
form specified by the Department, at least 30 days prior to January
1, 2014, or at least 30 days before the applicant begins sales of
tobacco products. The Department may require such forms to be signed
and verified by the applicant or an authorized agent thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Applications for a renewed tobacco retail license shall be made on
a form specified by the Department at least 30 days prior to the expiration
of the current license. The Department may require such forms to be
signed and verified by the applicant or an authorized agent thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Upon the receipt of a completed application for a new or renewed
tobacco retail license, the Department shall inspect the location
at which tobacco sales are to be permitted.
B.
The Department will refuse to issue a tobacco retail license to an
applicant if it finds that one or more of the following bases for
denial exists:
(1)
The information presented in the application is incomplete, inaccurate,
false, or misleading;
(2)
The applicant does not possess a valid certificate of registration
as a tobacco retail dealer from the New York State Department of Taxation
and Finance at the location for which an application is requested;
(3)
The applicant seeks a new tobacco retail license at a location for
which this chapter prohibits the issuance of a new tobacco retail
license;
(4)
The applicant has previously had a tobacco retail license issued
under this chapter revoked;
(5)
The applicant has not paid to Cayuga County outstanding fees, fines,
penalties, or other charges owed to Cayuga County.
A.
No tobacco retail license shall be issued to any seller of tobacco
products that is not in a fixed, permanent location.
B.
With the exception of the first year subsequent to the effective
date of this chapter, no new tobacco retail license shall be issued
to any establishment within 100 feet of the nearest point of the property
line of a school.
A.
Any tobacco retail license issued pursuant to this chapter shall
be displayed prominently at the location where the tobacco products
are sold so that it is readily visible to customers.
Any person who is found to be in violation of the terms and
conditions of this chapter or for violation of any federal, state,
or local law or regulation pertaining to a) the display of tobacco
products or of health warnings pertaining to tobacco products, or
b) the sale of tobacco products shall have their Cayuga County license
suspended for up to three months for a first offense, six months for
a second offense, or revoked for a third offense, after notice and
an opportunity to be heard at an administrative hearing.
A.
The Department or its authorized designee(s) shall enforce the provisions
of this chapter. The Department may conduct periodic inspections in
order to ensure compliance with this chapter.
B.
In addition to the penalties provided for in § 241-7, any person found to be in violation of this chapter shall be liable for civil penalty of not more than $250 for the first violation, not more than $500 for the second violation within a two-year period, and not more than $1,000 for the third and each subsequent violation within a two-year period, after notice and an opportunity to be heard at an administrative hearing. Each day on which a violation occurs shall be considered a separate and distinct violation.
The provisions of this chapter are declared to be severable,
and, if any section of this chapter is held to be invalid, such invalidity
shall not affect the other provisions of this chapter that can be
given effect without the invalidated provision.
The effective date of this chapter shall be 30 days from the
date of its enactment.
