Bill Text: NY S08135 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation; provides for the commissioner of taxation and finance to revoke the dealer's registration for a period not less than five years if they are found to have sold such tobacco product to a minor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-26 - REFERRED TO HEALTH [S08135 Detail]
Download: New_York-2019-S08135-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8135 IN SENATE March 26, 2020 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the tax law, in relation to requiring a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1399-cc of the public health law is amended by 2 adding a new subdivision 8 to read as follows: 3 8. Any person operating a place of business wherein tobacco products, 4 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 5 sold or offered for sale, who is found in violation of this section 6 shall immediately close such place of business pending the completion of 7 the enforcement action or hearing by an enforcement officer, pursuant to 8 section thirteen hundred ninety-nine-ff of this article. 9 § 2. Subdivisions 2, 3, 4, 5 and 6 of section 1399-ee of the public 10 health law, subdivisions 2, 3, 4, and 5 as amended and subdivision 6 as 11 added by chapter 162 of the laws of 2002, are amended to read as 12 follows: 13 2. If the enforcement officer determines after a hearing that a 14 violation of this article has occurred, he or she shall impose a civil 15 penalty of a minimum of three hundred dollars, but not to exceed one 16 thousand dollars for a first violation, and a minimum of five hundred 17 dollars, but not to exceed one thousand five hundred dollars for each 18 subsequent violation, unless a different penalty is otherwise provided 19 in this article and direct the commissioner of taxation and finance to 20 suspend the dealer's registration for a period not less than five years. 21 [The enforcement officer shall advise the retail dealer that upon the22accumulation of three or more points pursuant to this section the23department of taxation and finance shall suspend the dealer's registra-24tion.] If the enforcement officer determines after a hearing that a 25 retail dealer was selling tobacco products while their registration was 26 suspended or permanently revoked pursuant to [subdivision three or fourEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15400-01-0S. 8135 2 1of] this section, he or she shall impose a civil penalty of twenty-five 2 hundred dollars. 3 3. [(a) Imposition of points. If the enforcement officer determines,4after a hearing, that the retail dealer violated subdivision one of5section thirteen hundred ninety-nine-cc of this article with respect to6a prohibited sale to a minor, he or she shall, in addition to imposing7any other penalty required or permitted pursuant to this section, assign8two points to the retail dealer's record where the individual who9committed the violation did not hold a certificate of completion from a10state certified tobacco sales training program and one point where the11retail dealer demonstrates that the person who committed the violation12held a certificate of completion from a state certified tobacco sales13training program.14(b) Revocation. If the enforcement officer determines, after a hear-15ing, that a retail dealer has violated this article four times within a16three year time frame he or she shall, in addition to imposing any other17penalty required or permitted by this section, direct the commissioner18of taxation and finance to revoke the dealer's registration for one19year.20(c) Duration of points. Points assigned to a retail dealer's record21shall be assessed for a period of thirty-six months beginning on the22first day of the month following the assignment of points.23(d) Reinspection. Any retail dealer who is assigned points pursuant to24paragraph (a) of this subdivision shall be reinspected at least two25times a year by the enforcement officer until points assessed are26removed from the retail dealer's record.27(e) Suspension. If the department determines that a retail dealer has28accumulated three points or more, the department shall direct the29commissioner of taxation and finance to suspend such dealer's registra-30tion for six months. The three points serving as the basis for a suspen-31sion shall be erased upon the completion of the six month penalty.32(f) Surcharge. A fifty dollar surcharge to be assessed for every33violation will be made available to enforcement officers and shall be34used solely for compliance checks to be conducted to determine compli-35ance with this section.364.] (a) If the enforcement officer determines, after a hearing, that a 37 retail dealer has violated this article while their registration was 38 suspended pursuant to subdivision three of this section, he or she 39 shall, in addition to imposing any other penalty required or permitted 40 by this section, direct the commissioner of taxation and finance to 41 permanently revoke the dealer's registration and not permit the dealer 42 to obtain a new registration. 43 (b) If the enforcement officer determines, after a hearing, that a 44 vending machine operator has violated this article three times within a 45 two year period, or four or more times cumulatively he or she shall, in 46 addition to imposing any other penalty required or permitted by this 47 section, direct the commissioner of taxation and finance to suspend the 48 vendor's registration for one year and not permit the vendor to obtain a 49 new registration for such period. 50 [5.] 4. The department shall publish a notification of the name and 51 address of any retailer violating the provisions of this section and 52 indicate the number of times the dealer has violated the provisions of 53 this section. The notification shall be published in a newspaper of 54 general circulation in the locality in which the retailer is located. 55 [6. (a) In any proceeding pursuant to subdivision three of this56section to assign points to a retail dealer's record, the retail dealerS. 8135 3 1shall be assigned one point instead of two points where the] 5. (a) The 2 retail dealer [demonstrates that the person] who committed [the] a 3 violation [of] pursuant to section thirteen hundred ninety-nine-cc of 4 this article [held] may complete and receive a valid certificate of 5 completion from a state certified tobacco sales training program to 6 reduce the number of years such retail license is suspended. After the 7 completion of such program, the retail dealer shall submit such certif- 8 icate of completion to the commissioner of taxation and finance who 9 shall determine whether to reduce such retail dealer's time of suspen- 10 sion. 11 (b) A state certified tobacco sales training program shall include 12 instruction in the following elements: 13 (1) the health effects of tobacco use, especially at a young age; 14 (2) the legal purchase age and the additional requirements of section 15 thirteen hundred ninety-nine-cc of this article; 16 (3) legal forms of identification and the key features thereof; 17 (4) reliance upon legal forms of identification and the right to 18 refuse sales when acting in good faith; 19 (5) means of identifying fraudulent identification of attempted under- 20 age purchasers; 21 (6) techniques used to refuse a sale; 22 (7) the penalties arising out of unlawful sales to underage individ- 23 uals; and 24 (8) the significant disciplinary action or loss of employment that may 25 be imposed by the retail dealer for a violation of the law or a devi- 26 ation from the policies of the retail dealer in respect to compliance 27 with such law. 28 (c) A tobacco sales training program may be given and administered by 29 a retail dealer duly registered under section four hundred eighty-a of 30 the tax law which operates five or more registered locations, by a trade 31 association whose members are registered as retail dealers, by national 32 and regional franchisors who have granted at least five franchises in 33 the state to persons who are registered as such retail dealers by a 34 cooperative corporation with five or more members who are registered as 35 retail dealers and are operating in this state, and by a wholesaler 36 supplying fifty or more retail dealers. A person or entity administering 37 such training program shall issue certificates of completion to persons 38 successfully completing such a training program. Such certificates shall 39 be prima facie evidence of the completion of such a training program by 40 the person named therein. 41 (d) A certificate of completion may be issued for a period of three 42 years, however such certificate shall be invalidated by a change in 43 employment. 44 (e) Entities authorized pursuant to paragraph (c) of this subdivision 45 to give and administer a tobacco sales training program may submit a 46 proposed curriculum, a facsimile of any training aids and materials, and 47 a list of training locations to the department for review. Training aids 48 may include the use of video, computer based instruction, printed mate- 49 rials and other formats deemed acceptable to the department. The depart- 50 ment shall certify programs which provide instruction in the elements 51 set forth in paragraph (b) of this subdivision in a clear and meaningful 52 fashion. Programs approved by the department shall be certified for a 53 period of three years at which time an entity may reapply for certif- 54 ication. A non-refundable fee in the amount of three hundred dollars 55 shall be paid to the department with each application.S. 8135 4 1 § 3. Paragraph 1 of subdivision h of section 1607 of the tax law, as 2 amended by chapter 162 of the laws of 2002, is amended to read as 3 follows: 4 1. A license shall be suspended for a period of six months upon 5 notification to the division by the commissioner of health of a lottery 6 sales agent's [accumulation of three or more points] retail license 7 being revoked pursuant to [subdivision three of] section thirteen 8 hundred ninety-nine-ee of the public health law. 9 § 4. This act shall take effect on the ninetieth day after it shall 10 have become a law.