2012 New York Consolidated Laws
PBH - Public Health
Article 13-F - (1399-AA - 1399-MM) REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES AND SMOKING PARAPHERNALIA; DISTRIBUTION TO MINORS
1399-CC - Sale of tobacco products, herbal cigarettes, shisha, rolling papers or smokin g paraphernalia to minors prohibited.

 
    §  1399-cc.  Sale  of  tobacco  products,  herbal  cigarettes, shisha,
  rolling papers or smoking paraphernalia to minors prohibited. 1. As used
  in this section:
    (a) "A device  capable  of  deciphering  any  electronically  readable
  format"  or  "device" shall mean any commercial device or combination of
  devices used at a point of sale or entry that is capable of reading  the
  information  encoded  on  the  bar  code or magnetic strip of a driver's
  license  or  non-driver  identification  card  issued   by   the   state
  commissioner of motor vehicles;
    (b)  "Card  holder"  means any person presenting a driver's license or
  non-driver identification card  to  a  licensee,  or  to  the  agent  or
  employee of such licensee under this chapter;
    (c)  "Smoking  paraphernalia"  means  any  pipe,  water  pipe, hookah,
  rolling papers, vaporizer or any other device,  equipment  or  apparatus
  designed for the inhalation of tobacco; and
    (d)  "Transaction  scan"  means the process involving an automated bar
  code reader by which a licensee, or agent  or  employee  of  a  licensee
  under   this   chapter   reviews   a   driver's  license  or  non-driver
  identification card presented as a precondition for the  purchase  of  a
  tobacco  product  or  herbal cigarettes pursuant to subdivision three of
  this section;
    2. Any person operating a place of business wherein tobacco  products,
  herbal  cigarettes, shisha or electronic cigarettes, are sold or offered
  for sale is prohibited from selling such  products,  herbal  cigarettes,
  shisha,  electronic  cigarettes  or smoking paraphernalia to individuals
  under eighteen years of age, and 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,  ELECTRONIC  CIGARETTES,
  ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS
  OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card
  in red letters at least one-half inch in height.
    3. Sale of tobacco products, herbal cigarettes, shisha  or  electronic
  cigarettes  in  such  places,  other than by a vending machine, shall be
  made only to  an  individual  who  demonstrates,  through  (a)  a  valid
  driver's  license  or  non-driver's  identification  card  issued by the
  commissioner of motor  vehicles,  the  federal  government,  any  United
  States  territory, commonwealth or possession, the District of Columbia,
  a state government within the United States or a  provincial  government
  of  the dominion of Canada, or (b) a valid passport issued by the United
  States government or any other country, or (c)  an  identification  card
  issued  by  the  armed  forces of the United States, indicating that the
  individual is at least eighteen years of age. Such  identification  need
  not  be required of any individual who reasonably appears to be at least
  twenty-five years of age, provided, however, that such appearance  shall
  not  constitute  a  defense  in  any  proceeding  alleging the sale of a
  tobacco product, herbal cigarettes, shisha or electronic  cigarettes  to
  an individual under eighteen years of age.
    4.  (a)  Any  person  operating  a  place  of business wherein tobacco
  products, herbal cigarettes, shisha or electronic cigarettes are sold or
  offered for sale may perform a transaction scan as  a  precondition  for
  such purchases.
    (b)   In   any  instance  where  the  information  deciphered  by  the
  transaction scan fails to match the information printed on the  driver's
  license  or  non-driver  identification card, or if the transaction scan
  indicates that the information is false  or  fraudulent,  the  attempted
  transaction shall be denied.

    (c)   In   any   proceeding   pursuant  to  section  thirteen  hundred
  ninety-nine-ee of this article, it shall be an affirmative defense  that
  such person had produced a driver's license or non-driver identification
  card  apparently issued by a governmental entity, successfully completed
  that transaction scan, and that the tobacco product or herbal cigarettes
  had  been sold, delivered or given to such person in reasonable reliance
  upon  such  identification  and  transaction  scan.  In  evaluating  the
  applicability  of  such  affirmative defense the commissioner shall take
  into consideration any written policy adopted  and  implemented  by  the
  seller   to  effectuate  the  provisions  of  this  chapter.  Use  of  a
  transaction scan shall not  excuse  any  person  operating  a  place  of
  business   wherein   tobacco  products,  herbal  cigarettes,  shisha  or
  electronic cigarettes are sold, or the agent or employee of such person,
  from the exercise of reasonable diligence  otherwise  required  by  this
  chapter.  Notwithstanding  the  above  provisions,  any such affirmative
  defense shall not be applicable in any civil or criminal proceeding,  or
  in any other forum.
    5.  A  licensee or agent or employee of such licensee shall only use a
  device capable of deciphering any electronically  readable  format,  and
  shall  only  use the information recorded and maintained through the use
  of such devices, for the purposes contained in subdivision four of  this
  section.  No licensee or agent or employee of a licensee shall resell or
  disseminate the information recorded during such a  scan  to  any  third
  person.  Such  prohibited  resale  or  dissemination includes but is not
  limited  to  any  advertising,  marketing  or  promotional   activities.
  Notwithstanding  the  restrictions  imposed  by  this  subdivision, such
  records may be released pursuant to a court ordered subpoena or pursuant
  to any other statute that specifically authorizes the  release  of  such
  information. Each violation of this subdivision shall be punishable by a
  civil penalty of not more than one thousand dollars.
    6.   A   licensee  or  agent  or  employee  of  such  a  licensee  may
  electronically or mechanically record and maintain only the  information
  from  a  transaction  scan  necessary  to  effectuate this section. Such
  information shall be limited to the following: (a)  name,  (b)  date  of
  birth, (c) driver's license or non-driver identification number, and (d)
  expiration  date.  The  commissioner  and  state  commissioner  of motor
  vehicles shall jointly promulgate any regulations  necessary  to  govern
  the  recording and maintenance of these records by a licensee under this
  chapter. The commissioner and the state liquor authority  shall  jointly
  promulgate any regulation necessary to ensure quality control in the use
  of  the  transaction scan devices under this chapter and article five of
  the alcoholic beverage control law.
    7. No person operating a place of business wherein  tobacco  products,
  herbal  cigarettes,  shisha or electronic cigarettes are sold or offered
  for sale shall sell, permit to be sold, offer for sale  or  display  for
  sale  any  tobacco  product,  herbal  cigarettes,  shisha  or electronic
  cigarettes in any manner, unless such products and cigarettes are stored
  for sale (a) behind  a  counter  in  an  area  accessible  only  to  the
  personnel  of  such  business,  or  (b) in a locked container; provided,
  however, such restriction shall not  apply  to  tobacco  businesses,  as
  defined  in subdivision eight of section thirteen hundred ninety-nine-aa
  of this article, and to places  to  which  admission  is  restricted  to
  persons eighteen years of age or older.