As used in this article, the following terms shall have the
meanings indicated:
ADVERTISEMENT
Any visual notice or announcement on a public medium which
promotes a product available for purchase on the open market. This
definition shall not include any company name or product logo utilized
in the sponsorship of an event and/or adult sports team(s).
[Added 3-17-2020 by L.L.
No. 15-2020]
AGE-RESTRICTED PRODUCTS
Tobacco products, shisha, herbal cigarettes, electronic nicotine
delivery systems, vaping and smoking paraphernalia, and vaping hoodies
and accessories; and all other products prohibited from being sold
to minors by New York State Public Health Law Article 13-F, as the
same may be amended from time to time, or any products subject to
New York State Alcoholic Beverage Control Law.
CHILD DAY-CARE CENTER
Any program or facility caring for children for more than
three hours per day per child, as those terms are defined in § 390
of the New York Social Services Law.
COMMISSIONER
Commissioner of the Suffolk County Department of Health Services.
CONCESSION STAND
Any stall, cart, counter, or other food service establishment
run by a concessionaire which is licensed to sell food and/or other
goods on public or private property.
[Added 3-17-2020 by L.L.
No. 15-2020]
CONCESSIONAIRE
Any person, individual, business, partnership, company, or
other entity which has a license or is otherwise permitted to sell
food, beverages, or other goods at a concession stand on private or
public property.
[Added 3-17-2020 by L.L.
No. 15-2020]
ELECTRONIC NICOTINE DELIVERY SYSTEM
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name. This term shall include the component
parts designed for such systems, including, but not limited to: liquid
nicotine and other e-liquids, glass or plastic vials containing e-liquid,
cartridges, atomizers, batteries, cartomizers and clearomizers, digital
displays/lights that adjust settings, tank systems, drip tips, flavoring
for ENDS and programmable software.
HERBAL CIGARETTE
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.
PARK or PARK PROPERTY
Any park, play area, beach, recreation area, or other such
area in Suffolk County designated by New York State, Suffolk County,
or any other municipality located therein for park or recreation purposes.
PERSON
A natural individual, firm, company, corporation, partnership,
sole proprietor, limited partnership or association, or other business
organization of any kind.
PLAYGROUND
Any public land designated for recreational or athletic purposes
by any school district, library district, or any municipality located
wholly within the County of Suffolk.
SCHOOL
Any institution, building or structure used for teaching
children or imparting an education.
SCHOOL PREMISES
That area designated as "school grounds," according to § 220,
Subdivision 14, of the New York Penal Law, meaning the area in or
within any building, structure, athletic playing field, playground
or land contained within the real property boundary line of a public
or private elementary, parochial, intermediate, junior high, vocational
or high school, or any area accessible to the public located within
1,000 feet of the real property boundary line comprising any such
school or any parked automobile or other parked vehicle located within
1,000 feet of the real property boundary line comprising such school.
For the purposes of this definition, an "area accessible to the public"
shall mean sidewalks, streets, parking lots, parks, playgrounds, stores,
restaurants, vacant or abandoned properties, public easements, utility
easements and drainage areas.
SHISHA
Any product made primarily of tobacco or other leaf or herbs,
or any combination thereof, smoked or intended to be smoked in a hookah
or water pipe.
SMOKING PARAPHERNALIA
Any pipe, water pipe, hookah, rolling papers, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco products or other substances.
TOBACCO PRODUCT
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, including
cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka,
other tobacco products, or nicotine water. "Tobacco product" does
not include drugs, devices, or combination products authorized for
sale by the state or U.S. Food and Drug Administration, as those terms
are defined in the Federal Food, Drug and Cosmetic Act.
[Amended 3-17-2020 by L.L. No. 15-2020]
A. No person shall post visual advertisements for any age-restricted
product within 1,000 feet of the following areas:
(1) Any
school or school premises;
(2) Any
park or park property;
(4) Any
duly licensed child day-care centers.
B. The prohibitions set forth in this section shall not apply to the advertisement of age-restricted items sold at any location set forth in Subsection
A of this section by concessionaires within 10 feet of their concession stand.
This article shall be enforced by the Suffolk County Department
of Health Services.
The Department of Health Services shall promulgate such rules
and regulations as it deems necessary and appropriate for the implementation
and enforcement of any provisions of this article.
Nothing in this article shall prohibit any business located
within 1,000 feet from a school or school premises, park or park property,
playground, or duly licensed child day-care facility from advertising
age-restricted products within the business's enclosed building.
This article shall apply to advertisements currently existing
or subsequently created and/or posted on or after the effective date
of this article.
This law shall take effect on the 120th day immediately subsequent
to filing in the Office of the Secretary of State.