Bill Text: NY A08243 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires random, quarterly inspection of retail premises authorized to sell tobacco and vapor products to ensure compliance with applicable laws and regulations; increases penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to health [A08243 Detail]
Download: New_York-2023-A08243-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8243 2023-2024 Regular Sessions IN ASSEMBLY November 6, 2023 ___________ Introduced by M. of A. ZACCARO -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to inspection of retail premises authorized to sell tobacco and vapor products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of section 1399-hh of the public 2 health law, as amended by section 8 of part EE of chapter 56 of the laws 3 of 2020, is amended to read as follows: 4 The commissioner shall develop, plan and implement a comprehensive 5 program to reduce the prevalence of tobacco use, and vapor product, 6 intended or reasonably expected to be used with or for the consumption 7 of nicotine, use particularly among persons less than twenty-one years 8 of age. This program shall include, but not be limited to, support for 9 enforcement of this article. An enforcement officer, or the department 10 where no enforcement officer has been designated, shall conduct random 11 inspections on a quarterly basis of each retail dealer licensed to sell 12 cigarettes, tobacco products, or vapor products at establishments 13 located within the jurisdiction of such enforcement officer or office, 14 to determine compliance with the provisions of this article and any 15 other laws, rules or regulations relating to the sale of tobacco and 16 vapor products. 17 § 2. Subdivisions 2 and 3 of section 1399-ee of the public health law, 18 subdivision 3 as amended by chapter 162 of the laws of 2002, and subdi- 19 vision 2 and paragraphs (e) and (f) of subdivision 3 as amended by 20 section 6 of part EE of chapter 56 of the laws of 2020, are amended to 21 read as follows: 22 2. If the enforcement officer determines after a hearing that a 23 violation of this article has occurred, he or she shall impose a civil 24 penalty of a minimum of [three] six hundred dollars, but not to exceed 25 [one] three thousand [five hundred] dollars for a first violation, and a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11080-02-3A. 8243 2 1 minimum of [one] two thousand dollars, but not to exceed [two] five 2 thousand [five hundred] dollars for each subsequent violation, unless a 3 different penalty is otherwise provided in this article. The enforcement 4 officer shall advise the retail dealer that upon the accumulation of 5 three or more points pursuant to this section the department of taxation 6 and finance shall suspend the dealer's registration. If the enforcement 7 officer determines after a hearing that a retail dealer was selling 8 tobacco products while their registration was suspended or permanently 9 revoked pursuant to subdivision three or four of this section, he or she 10 shall impose a civil penalty of [twenty-five hundred] ten thousand 11 dollars. 12 3. (a) Imposition of points. If the enforcement officer determines, 13 after a hearing, that the retail dealer violated subdivision one of 14 section thirteen hundred ninety-nine-cc of this article with respect to 15 a prohibited sale to a minor, he or she shall, in addition to imposing 16 any other penalty required or permitted pursuant to this section, assign 17 two points to the retail dealer's record where the individual who 18 committed the violation did not hold a certificate of completion from a 19 state certified tobacco sales training program and one point where the 20 retail dealer demonstrates that the person who committed the violation 21 held a certificate of completion from a state certified tobacco sales 22 training program. 23 (b) Revocation. If the enforcement officer determines, after a hear- 24 ing, that a retail dealer has violated this article four times within a 25 three year time frame he or she shall, in addition to imposing any other 26 penalty required or permitted by this section, direct the commissioner 27 of taxation and finance to revoke the dealer's registration for [one28year] three years. 29 (c) Duration of points. Points assigned to a retail dealer's record 30 shall be assessed for a period of thirty-six months beginning on the 31 first day of the month following the assignment of points. 32 (d) Reinspection. Any retail dealer who is assigned points pursuant to 33 paragraph (a) of this subdivision shall be reinspected at [least two34times a] random on a quarterly basis each year by the enforcement offi- 35 cer until points assessed are removed from the retail dealer's record. 36 (e) Suspension. If the department determines that a retail dealer has 37 accumulated three points or more, the department shall direct the 38 commissioner of taxation and finance to suspend such dealer's registra- 39 tion for one year. The three points serving as the basis for a suspen- 40 sion shall be erased upon the completion of the one year penalty. 41 (f) Surcharge. A [two hundred fifty dollar] five hundred dollars 42 surcharge to be assessed for every violation will be made available to 43 enforcement officers and shall be used solely for compliance checks to 44 be conducted to determine compliance with this section. 45 § 3. This act shall take effect on the thirtieth day after it shall 46 have become a law.
