[Adopted 12-19-2018 by L.L. No. 2-2019]
A.
The Putnam County Legislature declares the intent and purpose of
this article is to preserve and improve the public health by regulating
retail sales of e-cigarettes and related products.
B.
The Putnam County Legislature hereby finds as follows:
(1)
E-cigarettes are designed to deliver nicotine, a highly addictive
drug;
(2)
Nicotine-containing e-cigarettes are the most common nicotine products
used by students; e-cigarette use among high schoolers in New York
is increasing, and is more common than cigarette use;
(3)
Youth use of e-cigarettes and similar products is associated with
future cigarette use;
(4)
Adults who might otherwise quit smoking combustible cigarettes instead
use e-cigarettes in addition to cigarettes, thereby maintaining nicotine
intake and addiction level;
(5)
E-cigarettes and related products are often marketed for use in places
where traditional smoking is prohibited, and are also sold in locations
that do not also sell tobacco;
(6)
E-cigarettes and similar devices pose health hazards and may contribute
to youth smoking and reduced cessation, regardless of nicotine content;
(7)
A local licensing system for retailers of electronic cigarettes,
similar devices, and related nontobacco products regulated by Article
13-F of New York State Public Health Law is necessary and appropriate
for the public health, safety, and welfare of our residents;
(9)
The County of Putnam desires to implement effective measures through
this new article to regulate the sale of e-cigarettes and related
paraphernalia regulated by the New York Adolescent Tobacco Use Prevention
Act, and facilitate the enforcement of other applicable laws relating
to e-cigarette products.
C.
Unless otherwise noted herein, Article 13-F of the New York State
Public Health Law shall apply.
As used in this article, the following terms shall have the
meanings indicated:
Any product that is intended or reasonably expected to be
used with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following: is not
intended or reasonably expected to affect or alter the performance,
composition, constituents, or characteristics of a tobacco product
or electronic aerosol delivery system; or is intended or reasonably
expected to affect or maintain the performance, composition, constituents,
or characteristics of a tobacco product or electronic aerosol delivery
system but solely controls moisture and/or temperature of a stored
tobacco product or electronic aerosol delivery system; or solely provides
an external heat source to initiate but not maintain combustion of
a tobacco product. "Accessory" includes, but is not limited to, carrying
cases, lanyards, and holsters.
An individual, partnership, limited liability company, corporation,
or other business entity seeking an e-cigarette retail license.
Any software or assembly of materials intended or reasonably
expected to: alter or affect the electronic aerosol delivery system's
performance, composition, constituents, or characteristics; or be
used with, or be used for the human consumption of through, an electronic
aerosol delivery system. "Component or part" excludes anything that
is an accessory, and includes, but is not limited to, electronic cigarette
liquids ("e-liquids"), cartridges, certain batteries, heating coils,
programmable software, and flavorings for tobacco products or electronic
aerosol delivery systems.
The Putnam County Health Department.
A license issued by the Department to a person to engage
in the retail sale of electronic aerosol delivery systems in the County
of Putnam.
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not such aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part,
but not an accessory, and any liquid or other substance to be aerosolized,
whether or not separately sold. Electronic aerosol delivery system
does not include drugs, devices, or combination products authorized
for sale by New York State, as those terms are defined by state law,
or by the United States Food and Drug Administration, as those terms
are defined in the Federal Food, Drug and Cosmetic Act.
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
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
product" does not include an accessory, and does not include drugs,
devices, or combination products authorized for sale by New York State,
as those terms are defined by state law, or by the United States Food
and Drug Administration, as those terms are defined in the Federal
Food, Drug and Cosmetic Act.
A.
Starting July 1, 2019, no person shall sell, offer for sale, or permit the sale of electronic aerosol delivery systems to consumers in the County of Putnam without a valid e-cigarette retail license issued by the Department. An e-cigarette retail license is not required for a wholesale dealer who sells products to retail dealers for the purpose of resale only and does not sell any electronic aerosol delivery systems directly to consumers. An e-cigarette retail license is not required by a retail seller of tobacco products that possesses a required certificate of registration as a tobacco retail dealer from the New York State Department of Taxation and Finance, and is otherwise in compliance with Article 13-F of the New York Public Health Law and Chapter 203, Article II of the Putnam County Code.
B.
Notwithstanding the requirements set forth in § 203-28A, this article shall not apply to registered organizations pursuant to Title V-A of Article 33 of New York Public Health Law.
C.
All e-cigarette 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 e-cigarette retail license.
A separate e-cigarette retail license is required for each address
at which electronic aerosol delivery systems are sold or offered for
sale. Any change in business ownership or business address requires
a new e-cigarette retail license.
D.
All e-cigarette retail licenses issued pursuant to this section are valid for no more than one year following the effective date of the e-cigarette retail license. As set forth in § 203-32, an e-cigarette retail license may be revoked by the Department prior to its expiration date for cause.
E.
Applications for an e-cigarette retail license shall be submitted
to the Department in writing upon a form provided by the Department.
The Department may require such forms to be signed and verified by
the applicant or an authorized agent thereof.
F.
Applications for an e-cigarette retail license shall be accompanied by the fee set forth in § 203-30.
G.
The issuance of any e-cigarette retail license pursuant to this article is done in the discretion of the Department. However, issuance of an e-cigarette retail license shall not be denied to an applicant not disqualified by the criteria set forth in § 203-29B and C. An e-cigarette retail license shall not confer upon a licensee any property rights in the continued possession of such a license.
A.
Upon the receipt of a completed application for a new e-cigarette retail license or renewed e-cigarette retail license and the fee required by § 203-30, the Department shall inspect the location at which electronic aerosol delivery system sales are to be permitted. The Department may also ask the applicant to provide additional information that is reasonably related to the determination of whether a license may issue.
B.
The Department may refuse to issue an e-cigarette 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 fee for the application has not been paid as required;
(3)
The applicant has previously had an e-cigarette retail license issued
under this article revoked;
(4)
An e-cigarette retail license issued under this article for the same
address or location has previously been removed;
(5)
The applicant has not paid to the County of Putnam outstanding fees,
fines, penalties, or other charges owed to the County of Putnam; or
(6)
The Department determines, in accordance with objective criteria
established to further the specific purposes of this article, that
the applicant is otherwise not fit to hold an e-cigarette retail license.
Such criteria shall be maintained in written or printed form, and
shall be made available to the public, and provided to any applicant,
upon request.
C.
No e-cigarette retail license shall be issued to any seller of electronic
aerosol delivery systems that is not in a fixed, permanent location.
A.
Each application for an e-cigarette retail license shall be accompanied
by a fee of $250.
B.
The Department may reduce the fee required by § 203-30A for an application that will result in issuance of an e-cigarette retail license valid for less than 11 months.
C.
Starting two years after the effective date of this article, the Department may, on an annual basis, modify the fee required pursuant to § 203-30A, provided that such modified fee is duly approved by the Putnam County Legislature. The fee shall be calculated so as to recover the cost of administration and enforcement of this article, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this article. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
A.
Any e-cigarette retail license issued pursuant to this article shall
be displayed prominently at the location where the electronic aerosol
delivery systems are sold so that it is readily visible to customers.
A.
The Department may suspend or revoke an e-cigarette retail license
issued pursuant to this article for violations of the terms and conditions
of this article or for violation of any federal, state, or local law
or regulation pertaining to trafficking in illegal drugs, including
synthetic drugs; or the sale of tobacco products, electronic aerosol
delivery systems, or any other product regulated by Article 13-F of
the New York State Public Health Law.
B.
The Department may revoke an e-cigarette retail license if the Department finds that one or more of the bases for denial of a license under § 203-29B existed at the time application was made, or at any time before the license issued.
C.
The Department may revoke an e-cigarette retail license if the Department
finds that any person issued such a licensee is conducting retail
sales of electronic aerosol delivery systems at a location other than
one indicated on an e-cigarette retail license issued by the Department.
A.
The Department or its authorized designee(s) shall enforce the provisions
of this article. The Department may conduct periodic inspections in
order to ensure compliance with this article.
B.
In addition to the penalties provided for in § 203-32, any person found to be in violation of this article shall be liable for a 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.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this article, which
shall be maintained in written or printed form, and which shall be
made available to the public, and provided to any applicant, upon
request.
[Amended 3-25-2019 by L.L. No. 6-2019]
Any person operating a place of business wherein any electronic aerosol delivery system is sold or offered for sale 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, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least 1/2 inch in height. This section shall not apply to any person exempted from licensing pursuant to § 203-28A or B of this article.
This article shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Putnam. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations, have been enacted for purposes of triggering the provisions
of this article.
The provisions of this article are declared to be severable,
and if any section of this article is held to be invalid, such invalidity
shall not affect the other provisions of this article or this chapter
that can be given effect without the invalidated provision.
This article shall take effect 60 days from its filing with
the NYS Secretary of State.
